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In re Doran Evans

Appellate Division of the Supreme Court of New York, Third Department
May 19, 2011
84 A.D.3d 1622 (N.Y. App. Div. 2011)

Opinion

No. 510809.

May 19, 2011.

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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Doran Evans, Dannemora, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.

Before: Mercure, J.P., Rose, Kavanagh, Stein and Egan Jr., JJ.


After his urine sample twice tested positive for opiates, petitioner was charged in a misbehavior report with drug use. Following a tier III disciplinary hearing, at which petitioner declined to present evidence or call witnesses, he was found guilty of the charge and that determination was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, positive test results and supporting documentation provide substantial evidence to support the determination of guilt ( see Matter of Coleman v Fischer, 81 AD3d 1018; Matter of Hill v Smith, 73 AD3d 1418, 1418). With regard to petitioner's procedural contentions, including that he was denied certain documentation and that the Hearing Officer failed to consult medical personnel, we find them unpreserved by petitioner's failure to object during the hearing, when the alleged deficiencies could have been addressed ( see Matter of Latham v Taylor, 80 AD3d 1044; Matter of Hamilton v Bezio, 76 AD3d 1125, 1126).

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


Summaries of

In re Doran Evans

Appellate Division of the Supreme Court of New York, Third Department
May 19, 2011
84 A.D.3d 1622 (N.Y. App. Div. 2011)
Case details for

In re Doran Evans

Case Details

Full title:In the Matter of DORAN EVANS, Petitioner, v. NORMAN R. BEZIO, as Director…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 19, 2011

Citations

84 A.D.3d 1622 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 4145
922 N.Y.S.2d 828

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