Opinion
02-03-2017
In the Matter of Nathan BROWN, Petitioner, v. Albert PRACK, Director of Special Housing, R. Calidonna, Deputy Superintendent Administration, and Mohawk Correctional Facility, Respondents.
Nathan Brown, Petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of Counsel), for Respondents.
Nathan Brown, Petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of Counsel), for Respondents.
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ.
MEMORANDUM:
Petitioner commenced this proceeding seeking to annul a determination finding him guilty, following a tier III hearing, of violating various inmate rules, and imposing a penalty. At the outset, we note that, " ‘[b]ecause the petition did not raise a substantial evidence issue, Supreme Court erred in transferring the proceeding to this Court’ " (Matter of Wearen v. Deputy Supt. Bish, 2 A.D.3d 1361, 1362, 768 N.Y.S.2d 874 ). In the interest of judicial economy, we nevertheless address petitioner's contention that he was denied his right to contact his attorney (see id. ). Nothing in the record indicates that petitioner sought to contact his attorney prior to the hearing (cf. Matter of Jeckel v. New York State Dept. of Corr., 111 A.D.3d 1180, 1181, 975 N.Y.S.2d 697 ). Rather, the record establishes that petitioner asked to consult with his attorney after the tier III hearing commenced, and it is well established that an inmate does not have a right to counsel at that hearing (see Wolff v. McDonnell, 418 U.S. 539, 570, 94 S.Ct. 2963, 41 L.Ed.2d 935 ; Matter of Laureano v. Kuhlmann, 75 N.Y.2d 141, 146, 551 N.Y.S.2d 184, 550 N.E.2d 437 ). We therefore confirm the determination and dismiss the petition.
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.