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Manning v. Coughlin

191 A.D.2d 1046 Court N.Y. App. Div. Decision date 1993-03-12 English

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In 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.

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