Garrett v. Selsky

*759After an incident in which petitioner punched another inmate and extorted cigarettes from him, petitioner was found guilty of violating prison disciplinary rules prohibiting assaults, threats and extortion. He challenges this determination, arguing, inter alia, that he was denied effective employee assistance and that the determination is not supported by substantial evidence. Initially, inasmuch as petitioner failed to challenge the adequacy of his assistance at the administrative hearing, he may not raise this issue on appeal (see, Matter of Kennaugh v Mann, 217 AD2d 735). Nevertheless,…