IN RE: Jason TAYLER (2008)

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung 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 one misbehavior report with refusing a direct order and obstructing the visibility into his cell and, in another report, with refusing a direct order and assaulting a staff member.   At a tier III disciplinary hearing on both misbehavior reports, petitioner pleaded guilty to the charges in the first report and was found guilty of the charges in the second.   The determination was affirmed upon administrative appeal, and this CPLR article 78 proceeding ensued.

 Initially, we note that petitioner's guilty plea with respect to the charges in the first misbehavior report precludes any challenge to the determination as to those charges (see Matter of Spencer v. Goord, 38 A.D.3d 1028, 1028, 833 N.Y.S.2d 255 [2007], lv. denied 9 N.Y.3d 802, 840 N.Y.S.2d 567, 872 N.E.2d 253 [2007];  Matter of Price v. Goord, 29 A.D.3d 1203, 1204, 814 N.Y.S.2d 409 [2006] ).   The second misbehavior report and the related documentation provide substantial evidence to support the determination of guilt with respect to the remaining charges (see Matter of Moxley v. Selsky, 45 A.D.3d 1084, 1084, 846 N.Y.S.2d 429 [2007];  Matter of Graham v. Goord, 43 A.D.3d 526, 526, 840 N.Y.S.2d 229 [2007] ).   To the extent that petitioner offered a contrary version of the incident, he created a credibility issue for the Hearing Officer to resolve (see Matter of Ramirez v. Goord, 32 A.D.3d 601, 601, 818 N.Y.S.2d 867 [2006] ).   Petitioner's remaining claims are not preserved inasmuch as he failed to make the necessary objections at the hearing (see Matter of Tafari v. Brown, 47 A.D.3d 979, 849 N.Y.S.2d 327 [2008];  Matter of Rosario v. Goord, 25 A.D.3d 841, 842, 807 N.Y.S.2d 442 [2006] ).

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