Shabazz v. Selsky
Cases that cite this one
4 later published cases cite this decision.
- Green v. Selsky (Appellate Division of the Supreme Court of New York 2000)
- Ellison v. Goord (Appellate Division of the Supreme Court of New York 2000)
- West v. Costello (Appellate Division of the Supreme Court of New York 2000)
- Rosario v. Selsky (Appellate Division of the Supreme Court of New York 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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 certain prison disciplinary rules.
Petitioner, a prison inmate, was found guilty of violating prison disciplinary rules that prohibit making threats and committing an unhygienic act. Introduced into evidence at petitioner’s disciplinary hearing was the misbehavior report, written by a correction officer who had witnessed the events in question. The report recited that an inmate porter had been walking down the corridor outside petitioner’s cell, distributing hot water for mopping the floor. As the porter passed petitioner’s cell, the latter told the porter that he was going “to get” him and then threw a cup of feces at him.
Petitioner challenges the determination of his guilt, contending, inter alia, that the representation provided by his employee assistant in preparing for his disciplinary hearing was inadequate. This contention is belied by the record which discloses that the employee assistant made a good-faith effort to comply with all of petitioner’s requests for the production of documents and testimony to be presented at the hearing. In short, petitioner has failed to prove that the assistance he
Cardona, P. J., Mikoll, Crew III and White, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.