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Murray v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jan 15, 2009
58 A.D.3d 975 (N.Y. App. Div. 2009)

Opinion

No. 504749.

January 15, 2009.

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 a prison disciplinary rule.

Keith Murray, Coxsackie, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.

Before: Cardona, P.J., Mercure, Rose, Kavanagh and Stein, JJ.


Petitioner, a prison inmate, was charged in a misbehavior report with making threats. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty as charged. That determination was affirmed upon administrative appeal, prompting petitioner to commence this CPLR article ` 78 proceeding seeking annulment.

We confirm. The determination of guilt is supported by substantial evidence consisting of the misbehavior report, related documentation and hearing testimony from the correction officer who authored the report and the inmate who petitioner threatened ( see Matter of Williams v Selsky, 50 AD3d 1426, 1426-1427, lv denied 11 NY3d 703). As for petitioner's denial of the allegations against him, a credibility issue was created for resolution by the Hearing Officer ( see Matter of Jordan v Fischer, 53 AD3d 1013). Petitioner's remaining contentions, including his claims that he was improperly confined to the special housing unit, that he was denied adequate employee assistance and that the Hearing Officer was biased, have been examined and, to the extent preserved, are unavailing.

Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Murray v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jan 15, 2009
58 A.D.3d 975 (N.Y. App. Div. 2009)
Case details for

Murray v. Selsky

Case Details

Full title:In the Matter of KEITH MURRAY, Petitioner, v. DONALD SELSKY, as Director…

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

Date published: Jan 15, 2009

Citations

58 A.D.3d 975 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 161
871 N.Y.S.2d 478

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