General

In the Matter of James Manning, Petitioner, v. Thomas A. Coughlin, as Commissioner of Department of Correctional Services, et al., Respondents

191 A.D.2d 1046595 N.Y.S.2d 354·New York Supreme Court, Appellate Division·1993·NY

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Opinion

In the Matter of James Manning, Petitioner, v Thomas A. Coughlin, as Commissioner of Department of Correctional Services, et al., Respondents. [595 NYS2d 354] [MAJORITY] —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 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.