Toledo v. Selsky
Cases that cite this one
8 later published cases cite this decision.
- Hill v. Fischer (Appellate Division of the Supreme Court of New York 2010)
- Shabazz v. Artus (Appellate Division of the Supreme Court of New York 2010)
- Lamage v. Bezio (Appellate Division of the Supreme Court of New York 2010)
- Sessoms v. Commissioner of Correctional Services (Appellate Division of the Supreme Court of New York 2009)
- Brown v. Selsky (Appellate Division of the Supreme Court of New York 2008)
- Newsome v. Selsky (Appellate Division of the Supreme Court of New York 2006)
- Pennington v. Selsky (Appellate Division of the Supreme Court of New York 2006)
- Carini v. Selsky (Appellate Division of the Supreme Court of New York 2005)
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 was charged in two misbehavior reports with violating various prison disciplinary rules. The first arose from an incident in which petitioner displayed a tin can lid during an argument with another inmate and charged him with possessing contraband and making threats. The second arose from the confiscation of a radio with altered wiring from petitioner’s cell and charged him with the unauthorized exchange of property and possessing an altered electrical device. He was found guilty of all charges following a tier III disciplinary hearing. The determination was upheld on administrative appeal, resulting in this CPLR article 78 proceeding.
Initially, we address only that part of the disposition rendered in connection with the first misbehavior report, inasmuch as petitioner has limited his brief to that issue; thus, any challenge to the remainder of the disposition is deemed abandoned (see Matter of Cross v Goord, 2 AD3d 1425, 1426 [2003]; Matter of Roe v Selsky, 250 AD2d 935, 937 [1998]). Contrary to petitioner’s claim, the misbehavior report, together with the testimony of its author and the confidential informant, provide substantial
Her cure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.