Tafari v. Selsky

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered May 10, 2006 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with harassment and making threats. Upon petitioner’s refusal to attend his tier III hearing, not guilty pleas were entered and the Hearing Officer proceeded with the hearing in petitioner’s absence. At the conclusion of…