Tafari v. Selsky

Appeal from a judgment of the Supreme Court (Egan Jr., J.), entered April 14, 2008 in Ulster County, which, in a proceeding pursuant to CPLR article 78, denied petitioner’s motion for reconsideration.

When this case was previously before this Court, we affirmed the judgment dismissing the petition seeking to annul a tier III disciplinary determination which found petitioner guilty of violating several prison disciplinary rules (38 AD3d 1031 [2007]). Petitioner thereafter moved for reconsideration based upon the existence of alleged newly discovered evidence. Specifically, petitioner asserted…