Guyton v. Coughlin

Determination unanimously confirmed without costs and petition dismissed. Memorandum: In this CPLR article 78 proceeding transferred to this Court pursuant to CPLR 7804 (g), petitioner contends that the determination is not supported by substantial evidence. We disagree (see, Matter of Perez v Wilmot, 67 NY2d 615). Petitioner further contends that the Hearing Officer should sua sponte have called as a witness the correction officer who authored the misbehavior reports. He contends that his due process rights were thereby violated. Having failed to raise that contention on his administrative…