Opinion
October 1, 1993
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Denman, P.J., Balio, Lawton, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Counsel's application to withdraw granted (see, People v. Crawford, 71 A.D.2d 38). Memorandum: The contention that petitioner was denied his right to due process when his Tier III hearing was conducted in English is frivolous; the record establishes that petitioner was conversant in English (see, Matter of Peart v. Kelly, 134 A.D.2d 843, lv denied 71 N.Y.2d 801). He had been classified as an English-speaking inmate and had never before exhibited any difficulty with the English language. The arguments raised in the supplemental pro se brief were not raised in petitioner's administrative appeal and are, therefore, beyond the scope of appellate review (see, Matter of Nelson v. Coughlin, 188 A.D.2d 1071, appeal dismissed 81 N.Y.2d 834).