In the Matter of Anthony Bottom v. Anthony Annucci

Summary

The New York Court of Appeals affirmed a judgment upholding a prison disciplinary determination that Anthony Bottom violated a DOCCS rule by possessing loose postage stamps in connection with a law-library visit. The court held that substantial evidence supported the determination, that Bottom's constitutional challenge to the facility rule was unpreserved, and that his lack of intent was irrelevant under the applicable rules.

Holdings

1. The disciplinary determination was supported by substantial evidence.
2. Bottom's claim that the facility provision was unenforceable because it had not been filed with the Secretary of State was not preserved for appellate review.
3. Bottom violated, or at least attempted to violate, the facility provision and was punishable under DOCCS Rule 113.22 notwithstanding that he was found outside the library and claimed his conduct was unintentional.

Questions Presented

1. Whether substantial evidence supported the disciplinary determination that Bottom violated an enforceable prison rule.
2. Whether Bottom's challenge to the enforceability of the facility provision under Article IV, § 8 of the New York Constitution was preserved for appellate review.
3. Whether possession of the loose stamps outside the library and lack of intent defeated the finding that Bottom violated, or attempted to violate, the facility provision and DOCCS Rule 113.22.

Disposition

affirmed