| Matter of Kelly v Selsky |
| 2008 NY Slip Op 06913 [54 AD3d 1118] |
| September 18, 2008 |
| Appellate Division, Third Department |
| In the Matter of Patrick Kelly, Appellant, v Donald Selsky, asDirector of Special Housing and Inmate Disciplinary Programs,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Zwack, J.), entered December 21, 2007 inAlbany County, which dismissed petitioner's application, in a proceeding pursuant to CPLRarticle 78, to review a determination of the Commissioner of Correctional Services findingpetitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was charged in a misbehavior report with providing unauthorizedlegal assistance, disobeying a direct order and possessing property in an unauthorized area.Petitioner pleaded guilty with an explanation to providing unauthorized legal assistance and wasfound guilty following a tier III disciplinary hearing of disobeying a direct order. He was foundnot guilty of possessing property in an unauthorized area. The determination was administrativelyaffirmed 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, hehas failed to demonstrate, nor does the record reveal, any prejudice suffered by him as a result ofany alleged deficiencies (see Matter ofAbdullah v Goord, 36 AD3d 978, 979 [2007]). As for petitioner's assertion that he wasdenied the right to present witness testimony, he expressly advised the Hearing Officer that hedid not want to call any witnesses (seeMatter of Griffin v Goord, 43 AD3d 591, 592 [2007]). Petitioner's remainingcontentions have been [*2]examined and, to the extent that theyare properly before this Court, are unavailing.
Peters, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ., concur. Ordered that the judgment isaffirmed, without costs.