Craggan v. Coombe — 229 A.D.2d 1014

Majority

p. 1014

In the Matter of James Craggan, Petitioner, v Philip Coombe, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent.

[646 NYS2d 469]

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: By refusing to attend a Tier II disciplinary hearing, petitioner forfeited his right to chai

p. 1015

lenge the determination on the ground that the hearing should not have been held in his absence (see, Matter of Al Jihad v Mann, 159 AD2d 914 , 915, lv denied 76 NY2d 706 ; Matter of Curdo v Jones, 144 AD2d 185 , 186; Matter of Watson v Coughlin, 132 AD2d 831 , 832, affd 72 NY2d 965 ). The determination is supported by substantial evidence (see, Matter of Foster v Coughlin, 76 NY2d 964 , 966). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Lawton, J. P., Wesley, Doerr, Davis and Boehm, JJ.

Cases cited

Al Jihad v. Mann 159 AD2d 914 N.Y. App. Div. 1990-03-29 at 915 p. 1015
Curcio v. Jones 144 AD2d 185 N.Y. App. Div. 1988-10-27 at 186 p. 1015
Watson v. Coughlin 132 AD2d 831 N.Y. App. Div. 1987-07-16 at 832 p. 1015
Watson v. Coughlin 72 NY2d 965 N.Y. 1988-10-13 p. 1015
Foster v. Coughlin 76 NY2d 964 N.Y. 1990-11-27 at 966 p. 1015