Matter of Donerlson v. Annucci

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 2, 2017
• Docket: 523258
• Status: Published

Opinion

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: February 2, 2017 523258 ________________________________

In the Matter of PATIQUE DONERLSON, Petitioner, v MEMORANDUM AND JUDGMENT ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent. ________________________________

Calendar Date: November 29, 2016

Before: Egan Jr., J.P., Lynch, Rose, Clark and Mulvey, JJ.

__________

Patique Donerlson, Bedford Hills, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.

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 finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III determination finding her guilty of violating prison disciplinary rules that prohibit possession of contraband and possession of impermissible identification, stemming from the discovery of paperwork in her cell that contained personal information of another inmate. To the extent that petitioner challenges the determination of guilt, she is precluded from challenging the sufficiency of evidence supporting the determination given her plea of guilty to both charges (see -2- 523258

Matter of Clarke v Venettozzi, 139 AD3d 1221, 1221 [2016]; Matter of Shufelt v Annucci, 138 AD3d 1336, 1337 [2016]). We need not address petitioner's remaining contentions as they relate to additional charges for which petitioner was found not guilty.

Egan Jr., J.P., Lynch, Rose, Clark and Mulvey, JJ., concur.

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

ENTER:

Robert D. Mayberger Clerk of the Court