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Matter of Garrett v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1996
228 A.D.2d 758 (N.Y. App. Div. 1996)

Opinion

June 6, 1996

Appeal from the Supreme Court, Washington County.


After an incident in which petitioner punched another inmate and extorted cigarettes from him, petitioner was found guilty of violating prison disciplinary rules prohibiting assaults, threats and extortion. He challenges this determination, arguing, inter alia, that he was denied effective employee assistance and that the determination is not supported by substantial evidence. Initially, inasmuch as petitioner failed to challenge the adequacy of his assistance at the administrative hearing, he may not raise this issue on appeal ( see, Matter of Kennaugh v. Mann, 217 A.D.2d 735). Nevertheless, were we to consider the merits, we would reject this claim since the record reveals that petitioner was provided effective assistance. Furthermore, we find that the misbehavior report, the testimony of the inmate who was assaulted and the confidential information provided at the hearing constitute substantial evidence supporting the administrative determination. We have considered petitioner's remaining contentions and find them to be lacking in merit.

Cardona, P.J., Mercure, Crew III, Casey and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Garrett v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1996
228 A.D.2d 758 (N.Y. App. Div. 1996)
Case details for

Matter of Garrett v. Selsky

Case Details

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

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

Date published: Jun 6, 1996

Citations

228 A.D.2d 758 (N.Y. App. Div. 1996)
643 N.Y.S.2d 725

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