Opinion
09-29-2017
In the Matter of Paul J. CHISOLM, petitioner, v. Anthony ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of Counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of Counsel), for respondent.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of Counsel), for petitioner.
Eric T. Schneiderman, Attorney General, Albany (Frank Brady of Counsel), for respondent.
MEMORANDUM:Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III disciplinary hearing, that he violated various inmate rules. Initially, we conclude that there is substantial evidence to support the determination with respect to inmate rule 113.15 ( 7 NYCRR 270.2 [B][14][v] ), inasmuch as petitioner pleaded guilty to violating that rule (see Matter of Liner v. Fischer, 96 A.D.3d 1416, 1417, 946 N.Y.S.2d 737 ). Petitioner failed to exhaust his administrative remedies with respect to his remaining contentions because he failed to raise those contentions in his administrative appeal, and this Court "has no discretionary power to reach" them (Matter of Nelson v. Coughlin, 188 A.D.2d 1071, 1071, 591 N.Y.S.2d 670, appeal dismissed 81 N.Y.2d 834, 595 N.Y.S.2d 396, 611 N.E.2d 297 ; see Matter of Polanco v. Annucci, 136 A.D.3d 1325, 1325, 24 N.Y.S.3d 566 ).
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
WHALEN, P.J., SMITH, CENTRA, PERADOTTO, and CARNI, JJ., concur.