IN RE: Raynard CARAWAY (2006)

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 respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with violating various prison disciplinary rules after he initiated an attack on another inmate in the mess hall.   Petitioner pleaded guilty to engaging in violent conduct, creating a disturbance, possessing a weapon and disobeying a direct order and, following a tier III hearing, was found guilty of assaulting an inmate.   The determination was affirmed on administrative appeal, prompting this proceeding.

 Initially, petitioner's plea of guilty to engaging in violent conduct, creating a disturbance, possessing a weapon and disobeying a direct order prevents him from challenging the sufficiency of the evidence with respect to those charges (see Matter of Billue v. Goord, 28 A.D.3d 845, 812 N.Y.S.2d 175 [2006];  Matter of Carini v. Selsky, 19 A.D.3d 718, 719, 796 N.Y.S.2d 193 [2005] ).   The misbehavior report, the supporting memorandum and petitioner's own admissions provide substantial evidence to support the determination of guilt on the remaining charge (see Matter of Price v. Goord, 29 A.D.3d 1203, 1204, 814 N.Y.S.2d 409 [2006];  Matter of Ford v. Smith, 23 A.D.3d 829, 805 N.Y.S.2d 663 [2005], lv. denied 6 N.Y.3d 708, 813 N.Y.S.2d 44, 846 N.E.2d 475 [2006] ).   Contrary to petitioner's contention, the misbehavior report complied with 7 NYCRR 251-3.1 even though it did not contain a statement that the inmate that petitioner attacked retaliated by hitting petitioner with a mess hall tray, nor did such omission prevent petitioner from offering a defense or undermine the sufficiency of the proof (see Matter of Gonzalez v. West, 29 A.D.3d 1245, 816 N.Y.S.2d 220 [2006];  Matter of Torres v. Goord, 261 A.D.2d 759, 759, 691 N.Y.S.2d 210 [1999] ), inasmuch as such information was included in the supporting memorandum (see Matter of Sabater v. Selsky, 4 A.D.3d 705, 706, 772 N.Y.S.2d 733 [2004] ).

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.