| Matter of Tayler v Selsky |
| 2008 NY Slip Op 02531 [49 AD3d 1060] |
| March 20, 2008 |
| Appellate Division, Third Department |
| In the Matter of Jason Tayler, Petitioner, v Donald Selsky, asDirector of Special Housing and Inmate Disciplinary Programs, et al.,Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondents.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Chemung County) to review a determination of the Commissioner ofCorrectional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was charged in one misbehavior report with refusing a direct order and obstructingthe visibility into his cell and, in another report, with refusing a direct order and assaulting a staffmember. At a tier III disciplinary hearing on both misbehavior reports, petitioner pleaded guiltyto the charges in the first report and was found guilty of the charges in the second. Thedetermination was affirmed upon administrative appeal, and this CPLR article 78 proceedingensued.
Initially, we note that petitioner's guilty plea with respect to the charges in the firstmisbehavior report precludes any challenge to the determination as to those charges (see Matter of Spencer v Goord, 38AD3d 1028, 1028 [2007], lv denied 9 NY3d 802 [2007]; Matter of Price v Goord, 29 AD3d1203, 1204 [2006]). The second misbehavior report and the related documentation providesubstantial evidence to support the determination of guilt with respect to the remaining charges(see Matter of Moxley v Selsky, 45AD3d 1084, 1084 [2007]; Matter of[*2]Graham v Goord, 43 AD3d 526, 526 [2007]). To theextent that petitioner offered a contrary version of the incident, he created a credibility issue forthe Hearing Officer to resolve (seeMatter of Ramirez v Goord, 32 AD3d 601, 601 [2006]). Petitioner's remaining claimsare not preserved inasmuch as he failed to make the necessary objections at the hearing (see Matter of Tafari v Brown, 47 AD3d979 [2008]; Matter of Rosario vGoord, 25 AD3d 841, 842 [2006]).
Cardona, P.J., Mercure, Carpinello, Lahtinen and Kavanagh, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.