Opinion
February 11, 1993
Appeal from the Supreme Court, Franklin County (Plumadore, J.).
Petitioner contends that he was denied due process in his parole revocation hearing because certain testimony was not taken under oath. Petitioner's failure to raise this objection at the revocation hearing served to waive that argument (see, Matter of Brown v Ristich, 36 N.Y.2d 183, 189; Matter of Mishook v Mishook, 78 A.D.2d 570). Were we to consider the merits, we would find petitioner's contention meritless. Executive Law § 259-i (3) (f) (vii) and 9 NYCRR 8005.19 require that all persons who give evidence must be sworn. A review of the transcript of the hearing reveals that the witnesses were sworn prior to giving any testimonial evidence.
Mikoll, J.P., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.