From Casetext: Smarter Legal Research

Matter of Reynoso v. Senkowski

Appellate Division of the Supreme Court of New York, Third Department
Dec 15, 1994
210 A.D.2d 709 (N.Y. App. Div. 1994)

Opinion

December 15, 1994

Appeal from the Supreme Court, Clinton County (Feldstein, J.).


On this appeal, petitioner initially contends that he was denied his right to adequate employee assistance and his right to call witnesses. Petitioner, however, did not raise these issues at his disciplinary hearing and we agree with respondent that he has thereby waived them. In any event, the record fails to offer any support for these contentions. Finally, although petitioner's administrative review was not completed within the time deadlines imposed by regulation, such time limits are directory rather than mandatory and petitioner has failed to demonstrate that the delay caused him substantial prejudice.

Mikoll, J.P., Mercure, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Reynoso v. Senkowski

Appellate Division of the Supreme Court of New York, Third Department
Dec 15, 1994
210 A.D.2d 709 (N.Y. App. Div. 1994)
Case details for

Matter of Reynoso v. Senkowski

Case Details

Full title:In the Matter of IGNACIO REYNOSO, Appellant, v. DANIEL A. SENKOWSKI, as…

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

Date published: Dec 15, 1994

Citations

210 A.D.2d 709 (N.Y. App. Div. 1994)
621 N.Y.S.2d 936

Citing Cases

Matter of McCorkle v. Selsky

In any event, petitioner has failed to demonstrate that the outcome of the hearing flowed from the alleged…

Matter of Davis v. Bennett

Following a verbal altercation with another inmate, petitioner was found guilty of creating a disturbance and…