From Casetext: Smarter Legal Research

Kelly v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Sep 18, 2008
54 A.D.3d 1118 (N.Y. App. Div. 2008)

Opinion

September 18, 2008.

Appeal from a judgment of the Supreme Court (Zwack, J.), entered December 21, 2007 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Before: Peters, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ.


Petitioner, a prison inmate, was charged in a misbehavior report with providing unauthorized legal assistance, disobeying a direct order and possessing property in an unauthorized area. Petitioner pleaded guilty with an explanation to providing unauthorized legal assistance and was found guilty following a tier III disciplinary hearing of disobeying a direct order. He was found not guilty of possessing property in an unauthorized area. The determination was administratively affirmed and this CPLR article 78 proceeding ensued. Supreme Court dismissed the petition, prompting this appeal.

We affirm. Regarding petitioner's claim that he was denied adequate employee assistance, he has failed to demonstrate, nor does the record reveal, any prejudice suffered by him as a result of any alleged deficiencies ( see Matter of Abdullah v Goord, 36 AD3d 978, 979). As for petitioner's assertion that he was denied the right to present witness testimony, he expressly advised the Hearing Officer that he did not want to call any witnesses ( see Matter of Griffin v Goord, 43 AD3d 591, 592). Petitioner's remaining contentions have been examined and, to the extent that they are properly before this Court, are unavailing.

Ordered that the judgment is affirmed, without costs.


Summaries of

Kelly v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Sep 18, 2008
54 A.D.3d 1118 (N.Y. App. Div. 2008)
Case details for

Kelly v. Selsky

Case Details

Full title:In the Matter of PATRICK KELLY, Appellant, v. DONALD SELSKY, as Director…

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

Date published: Sep 18, 2008

Citations

54 A.D.3d 1118 (N.Y. App. Div. 2008)
864 N.Y.S.2d 576

Citing Cases

In re Cornwall

The misbehavior report, together with the hearing testimony and documentary evidence, provide substantial…

Foy v. Fischer

In addition, Hearing Officer Sidari indicated that video tapes were only preserved for seven days. Thus, even…