Howard v. Kelly — 117 A.D.2d 1002

Majority

p. 1002

In the Matter of Clifford Howard, Respondent, v Walter Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants.

—Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: Petitioner waived his right to challenge respondents’ decision by failing to attend the disciplinary hearing held November 23, 1984 at the Ossining Correctional Facility (Matter of Payne v Smith, 97 AD2d 960 ; see also, Matter of Morrison v Coughlin, 101 AD2d 943 , 944, lv denied 63 NY2d 605 ; People ex rel. Morgan v La Vallee, 49 AD2d 652 , lv denied 37 NY2d 710 ). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. —art 78.) Present—Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

Cases cited

Payne v. Smith 97 AD2d 960 N.Y. App. Div. 1983-11-04 p. 1002
Morrison v. Coughlin 101 AD2d 943 N.Y. App. Div. 1984-05-17 at 944 p. 1002