Summary
In Matter of Kuchar v. Baker, 261 AD2d 401, a petition was brought to confirm an arbitration award concerning an agreement entered into between Baker and Kuchar, where Kuchar (doing business as G.M. Construction) was to perform rehabilitation work involving a building in Brooklyn, New York.
Summary of this case from Toulouse v. ChandlerOpinion
May 3, 1999
In a proceeding purusant to CPLR article 78 to review a determination of the New York State Department of Correctional services which, after a Tier III disciplinary hearing, found the petitioner guilty of violating prison disciplinary rules, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Lange, J.), dated November 19, 1997, which denied his petition and dismissed the proceeding.
Ordered that the judgment is affirmed, without costs or disbursements.
Contrary to the petitioner's contention, the inmate misbehavior report issued by the New York State Department of Correctional Services was sufficiently detailed to inform him of the specific charges against him and enable him to prepare a defense to the charges against him ( see, Matter of Torres v. Coombe, 234 A.D.2d 710). Similarly, the petitioner failed to demonstrate that he was prejudiced as a result of the failure by one of the correction officers to sign the misbehavior report ( see, Matter of Serra v. Selsky, 223 A.D.2d 845; Matter of Smith v. Walker, 209 A.D.2d 799; Matter of Jimenez v. Coughlin, 206 A.D.2d 769; Matter of Smythe v. McClellan, 226 A.D.2d 840).
By failing to raise the issue at a time when the alleged error could have been corrected, the petitioner waived any claim that he was prejudiced because the Hearing Officer did not personally confirm that one of his witnesses refused to testify ( see, Matter of Alstranner v. Selsky, 238 A.D.2d 658; Matter of Cowart v. Coughlin, 194 A.D.2d 1036; Matter of Dotson v. Coughlin, 191 A.D.2d 912).
The petitioner's remaining contention is without merit.
S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.