IN THE MATTER OF HALE v. SELSKY


57 A.D.3d 1136 (2008)

871 N.Y.S.2d 426

In the Matter of MICHAEL S. HALE, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

December 11, 2008.


Petitioner engaged in a verbal altercation with a correction sergeant while in the law library and disregarded his directives to step out into the hallway and be quiet. As a result, he was charged in a misbehavior report with refusing a direct order, creating a disturbance and harassing an employee. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding...

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