Opinion
09-29-2017
In the Matter of Luis NUNEZ, 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 (Marcus J. Mastracco of counsel), for Respondent.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of counsel), for Petitioner.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for Respondent.
MEMORANDUM:
Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III disciplinaryhearing, that he violated inmate rule 113.24 ( 7 NYCRR 270.2 [B][14] [xiv] [drug use] ). We conclude that there is substantial evidence to support the determination inasmuch as petitioner pleaded guilty to the violation of 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 them in his administrative appeal, and "this Court has no discretionary authority to reach th[ose] contention[s]" (Matter of Johnson v. Lempke, 144 A.D.3d 1677, 1678, 42 N.Y.S.3d 702 [internal quotation marks omitted] ).
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
WHALEN, P.J., SMITH, CARNI, DeJOSEPH, and CURRAN, JJ., concur.