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 observed by a correction officer fighting with another inmate and making stabbing motions toward the inmate’s face and neck. After stopping the fight, the correction *663officer recovered from the floor two broken pens which were held together by a rubber band. Petitioner was issued a misbehavior report for various…
2Cases cited7 opinions
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- Sanchez v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
- Lamage v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003
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