Opinion
309 TP 17–01551
03-23-2018
In the Matter of Randolph SCOTT, 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 (BRIAN D. GINSBERG OF COUNSEL), FOR RESPONDENT.
WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (BRIAN D. GINSBERG OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, CURRAN, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
Memorandum:Petitioner commenced this CPLR article 78 proceeding challenging the determination, following a hearing, that placed him in involuntary protective custody ( [IPC] see 7 NYCRR 330.2 [b] ). Contrary to petitioner's contention, we conclude that substantial evidence supports the determination that he was at risk of imminent harm if he returned to the general inmate population, and thus his placement in IPC was warranted (see id.; Matter ofNichols v. Mann , 156 A.D.2d 774, 774, 549 N.Y.S.2d 827 [3d Dept. 1989] ). The Hearing Officer was in the best position to assess the credibility and reliability of the confidential inmate witness, and we perceive no basis for disturbing his assessment in that regard (see Matter ofWilliams v. Fischer , 18 N.Y.3d 888, 890, 940 N.Y.S.2d 531, 963 N.E.2d 1232 [2012] ; Matter ofPorter v. Annucci , 156 A.D.3d 1430, 1430, 65 N.Y.S.3d 884 [4th Dept. 2017] ; see also Matter ofThomas v. Fischer , 99 A.D.3d 1071, 1071–1072, 952 N.Y.S.2d 307 [3d Dept. 2012] ).
Petitioner failed to raise in his administrative appeal his contentions concerning the allegedly inadequate assistance provided by his employee assistant, and thus petitioner failed to exhaust his administrative remedies with respect thereto (see Matter ofStokes v. Goord , 270 A.D.2d 900, 900, 706 N.Y.S.2d 655 [4th Dept. 2000], appeal dismissed and lv. denied 95 N.Y.2d 824, 712 N.Y.S.2d 908, 734 N.E.2d 1209 [2000] ). This Court therefore has no authority to address those contentions (see Matter ofPolanco v. Annucci , 136 A.D.3d 1325, 1325, 24 N.Y.S.3d 566 [4th Dept. 2016] ; Stokes , 270 A.D.2d at 900, 706 N.Y.S.2d 655 ).
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.