Towles v. Selsky, 12 A.D.3d 737 (N.Y. App. Div. 2004). · Go Syfert
Towles v. Selsky, 12 A.D.3d 737 (N.Y. App. Div. 2004). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) MatterofLeevDepartmentofCorrectionalServices
N.Y. App. Div. · 2014 · confidence medium
Those documents and other confidential correspondence, as well as the detailed misbehavior reports and hearing testimony, provide substantial evidence to support the determination of guilt (see Matter of Towles v Selsky, 12 AD3d 737, 738 [2004], lv denied 4 NY3d 706 [2005]; Matter of Knickerbocker v Goord, 276 AD2d 1008, 1009 [2000]).
discussed Cited as authority (rule) Lee v. Department of Correctional Services
N.Y. App. Div. · 2014 · confidence medium
Those documents and other confidential correspondence, as well as the detailed misbehavior reports and hearing testimony, provide substantial evidence to support the determination of guilt (see Matter of Towles v Selsky, 12 AD3d 737, 738 [2004], lv denied 4 NY3d 706 [2005]; Matter of Knickerbocker v Goord, 276 AD2d 1008, 1009 [2000]).
discussed Cited as authority (rule) Lee v. Department of Correctional Services
N.Y. App. Div. · 2014 · confidence medium
Those documents and other confidential correspondence, as well as the detailed misbehavior reports and hearing testimony, provide substantial evidence to support the determination of guilt (see Matter of Towles v Selsky, 12 AD3d 737, 738 [2004], lv denied 4 NY3d 706 [2005]; Matter of Knickerbocker v Goord, 276 AD2d 1008, 1009 [2000]).
discussed Cited as authority (rule) Russell v. Selsky
N.Y. App. Div. · 2008 · confidence medium
Under such circumstances, petitioner has failed to preserve this issue for our review (see Matter of Towles v Selsky, 12 AD3d 737, 738 [2004], lv denied 4 NY3d 706 [2005]; Matter of Blackwell v Goord, 5 AD3d 883, 885 [2004], lv denied 2 NY3d 708 [2004]).
discussed Cited as authority (rule) Woods v. Leclaire
N.Y. App. Div. · 2008 · confidence medium
Regarding petitioner’s assertion that he was denied the right to present testimony from the inmate he was found guilty of assaulting and the facility nurse who examined that inmate, such a claim is unpreserved for our review by virtue of petitioner’s failure to lodge the appropriate objections at the hearing (see Matter of Towles v Selsky, 12 AD3d 737, 738 [2004], lv denied 4 NY3d 706 [2005]).
discussed Cited as authority (rule) Davis v. Goord
N.Y. App. Div. · 2007 · confidence medium
These admissions and the misbehavior report constitute substantial evidence to support the determination (see Matter of Carini v Selsky, 19 AD3d 718, 719 [2005]; Matter of Towles v Selsky, 12 AD3d 737, 738 [2004], lv denied 4 NY3d 706 [2005]; Matter of Lebron v Goord, 6 AD3d 997, 997-998 [2004]).
discussed Cited as authority (rule) Ramirez v. Goord
N.Y. App. Div. · 2006 · confidence medium
Petitioner’s plea of guilty with an explanation to providing unauthorized legal assistance precludes him from challenging that part of the determination of guilt (see Matter of Carini v Selsky, 19 AD3d 718, 718-719 [2005]; Matter of Towles v Selsky, 12 AD3d 737, 738 [2004], lv denied 4 NY3d 706 [2005]), and the misbehavior report and related documentation provided substantial evidence supporting the portion of the determination finding petitioner guilty of extortion and making threats (see Matter of Daum v Goord, 27 AD3d 858, 859 [2006]; Matter of Cooper v Selsky, 9 AD3d 763, 764 [2004]).
discussed Cited as authority (rule) Lamage v. Selsky
N.Y. App. Div. · 2006 · confidence medium
Upon reviewing the record, we find that the misbehavior report, together with petitioner’s testimony, provide substantial evidence supporting it (see Matter of Guerin v Miller, 16 AD3d 799 [2005]; Matter of Towles v Selsky, 12 AD3d 737, 738 [2004], lv denied 4 NY3d 706 [2005]).
discussed Cited as authority (rule) Green v. Goord
N.Y. App. Div. · 2005 · confidence medium
Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the pe tition with respect thereto must be dismissed as moot (see Matter of Towles v Selsky, 12 AD3d 737, 738 [2004], lv denied 4 NY3d 706 [2005]; Matter of Gibbs v Miller, 10 AD3d 785, 786 [2004]).
discussed Cited as authority (rule) Lebron v. McGinnis
N.Y. App. Div. · 2005 · confidence medium
Inasmuch as his procedural objections were not raised at the disciplinary hearing, they are not preserved for our review (see Matter of Towles v Selsky, 12 AD3d 737, 738 [2004], lv denied 4 NY3d 706 [2005]; Matter of Torres v Selsky, 8 AD3d 775, 775 [2004]).
discussed Cited as authority (rule) Carini v. Selsky
N.Y. App. Div. · 2005 · confidence medium
Now, in the context of this CPLR article 78 proceeding and with respect to the disposition of that misbehavior report, we note that by pleading guilty and guilty with explanation to the two remaining charges, petitioner is precluded from challenging the sufficiency of the evidence of his guilt as to those charges (see Matter of Towles v Selsky, 12 AD3d 737, 738 [2004], lv denied 4 NY3d 706 [2005]; Matter of Alston v Goord, 4 AD3d 708, 709 n [2004]).
discussed Cited as authority (rule) Cannon v. Artus
N.Y. App. Div. · 2005 · confidence medium
By pleading guilty with explanation to the charges, petitioner is precluded from now contending that the determination is not supported by substantial evidence (see Matter of Towles v Selsky, 12 AD3d 737, 738 [2004], lv denied 4 NY3d 706 [2005]; Matter of Bazil v Goord, 284 AD2d 751 [2001]).
Retrieving the full opinion text from the archive…
In the Matter of Rene Towles
v.
Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs
Appellate Division of the Supreme Court of the State of New York.
Nov 4, 2004.
12 A.D.3d 737
Cited by 12 opinions  |  Published

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review two determinations of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

After his net bag was searched and various items were found, including, among other things, manilla folders which had been made into greeting cards through the use of computer generated graphics, petitioner was charged with possessing authorized articles in an unauthorized area, possessing contraband, damaging state property and tampering with state property. In a second misbehavior report, he was charged with possessing contraband and materials describing the construction of explosives after such materials, as well as documentation describing the organization of terrorist groups, biological and chemical warfare and guerilla warfare tactics, were confiscated from his cell. He was found guilty of all of the charges following a tier III disciplinary hearing and the determination was upheld on administrative appeal on October 7, 2002. Petitioner was also charged in a third misbehavior report with damaging state property after certain computer generated graphics used to make greeting cards were found on his computer. He was found guilty of this charge following a tier III disciplinary hearing and this determination was also affirmed on administrative appeal[*738] on October 31, 2002. Thereafter, petitioner commenced this CPLR article 78 proceeding challenging both determinations.

Initially, we note that inasmuch as the determination rendered in connection with the third misbehavior report has since been administratively reversed and expunged from petitioner’s institutional record, petitioner’s challenge to it is now moot (see Matter of Taylor v Katz, 6 AD3d 836, 837 [2004]). Accordingly, we address petitioner’s claims only insofar as they pertain to the determination finding him guilty of the charges contained in the first two misbehavior reports. We note that, by pleading guilty with explanation to the charges contained in the first misbehavior report, petitioner is precluded from challenging that portion of the determination finding him guilty of such charges as not supported by substantial evidence (see Matter of Williams v Selsky, 282 AD2d 849, 849 [2001]; Matter of Jones v Goord, 274 AD2d 902, 903 [2000]). Upon reviewing the record, we find that the second misbehavior report, together with petitioner’s own testimony at the hearing, provide substantial evidence supporting the remaining portion of the determination. Given the nature of the confiscated materials, petitioner’s assertion that he was authorized to possess them is unpersuasive.

We further find that the Hearing Officer conducted the disciplinary hearing in a fair and impartial manner and that the determination did not flow from any alleged bias (see Matter of McCorkle v Bennett, 8 AD3d 918, 919 [2004]; Matter of Nimmons v Goord, 7 AD3d 887, 889 [2004]). Petitioner’s assertion that he was improperly denied the right to present a character witness has not been preserved for our review inasmuch as he failed to raise an objection at the hearing (see Matter of Kross v Goord, 278 AD2d 637, 637 [2000]; Matter of Kilgore v Goord, 273 AD2d 695, 696 [2000]).

Mercure, J.P., Spain, Carpinello, Mugglin and Kane, JJ., concur. Adjudged that the portion of the petition challenging the October 7, 2002 determination is confirmed, without costs, and petition dismissed to that extent.

Adjudged that the portion of the petition challenging the October 31, 2002 determination is dismissed, as moot, without costs.