Majority
p. 1046In the Matter of James Manning, Petitioner, v Thomas A. Coughlin, as Commissioner of Department of Correctional Services, et al., Respondents. [595 NYS2d 354]
—Determination unanimously confirmed and petition dismissed. Memorandum: The determination of the Hearing Officer that petitioner violated 7 NYCRR 270.2 (B) (14) (i) was supported by substantial evidence (see, Matter of Hernandez v LeFevre, 150 AD2d 954 , 955, lv denied 74 NY2d 615 ).
Petitioner’s other contentions were not raised in his administrative appeal and are, therefore, beyond the scope of our
p. 1047
review (see, Matter of Nelson v Coughlin, 188 AD2d 1071 ). (Article 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present — Callahan, J. P., Pine, Fallon, Doerr and Boehm, JJ.
Cases cited
- Hernandez v. LeFevre 150 AD2d 954 at 955 p. 1046