| Matter of Boley v Selsky |
| 2008 NY Slip Op 03536 [50 AD3d 1411] |
| April 24, 2008 |
| Appellate Division, Third Department |
| In the Matter of Anthony Boley, Petitioner, v Donald Selsky, asDirector of Special Housing and Inmate Disciplinary Programs,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), forrespondent.
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.
While petitioner was being escorted to the restroom, he suddenly moved aggressively towarda correction officer and attempted to "head-butt" him. Petitioner then continued to struggle withcorrection officers, despite their repeated orders to stop resisting, until the officers ultimatelytook him to the floor and applied leg irons. Petitioner was thereafter charged in a misbehaviorreport with attempted assault, engaging in violent conduct and refusing a direct order. Followinga tier III disciplinary hearing, petitioner was found guilty of all three charges. That determinationwas affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.
We confirm. Contrary to petitioner's assertion, the misbehavior report, together with therelated documentation and photographs, along with the extensive hearing testimony, providesubstantial evidence to support the determination of guilt (see Matter of Shankle v Goord, 45 AD3d 1084, 1085 [2007], lvdenied 10 NY3d 701 [2008]). Regarding petitioner's claim of inadequate employeeassistance, it is neither substantiated in the record nor is there any [*2]indication that petitioner suffered any prejudice (see Matter of White v Selsky, 3 AD3d762, 763 [2004]). To the extent not specifically addressed herein, petitioner's remainingcontentions have been examined and found to be without merit.
Mercure, J.P., Peters, Carpinello, Kane and Stein, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.