Hernandez v. Selsky
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was charged in a misbehavior report with possessing a weapon and assaulting another inmate. The charges stemmed from an incident wherein petitioner and others attacked another inmate in the yard at the facility where they were incarcerated. A tier III disciplinary hearing ensued, at the conclusion of which the…
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