Opinion
2014-08-7
In the Matter of Jevon HENRY, Appellant, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
Main Street Legal Services, Inc. (Julia P. Kuan of counsel), Long Island City, for appellant. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Main Street Legal Services, Inc. (Julia P. Kuan of counsel), Long Island City, for appellant. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Appeal from a judgment of the Supreme Court (McGrath, J.), entered May 14, 2013 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to challenge a tier III prison disciplinary determination finding him guilty of violating various prison disciplinary rules, including assault, violent conduct and gang activity. Supreme Court dismissed the petition and petitioner appeals.
We affirm. Petitioner contends that the Hearing Officer did not make an adequate inquiry into the refusal of a certain inmate witness to testify. Inasmuch as the record reveals that petitioner did not raise this objection at the hearing, the issue is unpreserved for review ( see Matter of Love v. Prack, 89 A.D.3d 1307, 1308, 932 N.Y.S.2d 595 [2011];Matter of Brown v. Selsky, 37 A.D.3d 891, 891, 828 N.Y.S.2d 731 [2007] ). Similarly unpreserved due to his failure to specifically object at the hearing are petitioner's claims that he was improperly denied a witness ( see Matter of Tucci v. Selsky, 94 A.D.3d 1294, 1295, 943 N.Y.S.2d 239 [2012];Matter of Barclay v. Knowles, 79 A.D.3d 1550, 1551, 914 N.Y.S.2d 347 [2010] ), and that he was denied the right to present documentary evidence ( see Matter of Knight v. Bezio, 82 A.D.3d 1381, 1382, 919 N.Y.S.2d 220 [2011],lv. dismissed17 N.Y.3d 788, 929 N.Y.S.2d 87, 952 N.E.2d 1082 [2011];Matter of Smith v. Dubray, 58 A.D.3d 968, 969, 871 N.Y.S.2d 758 [2009] ). Accordingly, the petition was properly dismissed.
ORDERED that the judgment is affirmed, without costs. McCARTHY, J.P., GARRY, ROSE, LYNCH and DEVINE, JJ., concur.