Harris v. Sielaff

Determination of the respondent Correction Commissioner, dated April 3, 1991, which dismissed petitioner from his position as a correction officer, is unanimously confirmed, the petition denied, and the proceeding, brought pursuant to CPLR article 78 (transferred to this Court, by order of the Supreme Court, New York County [Carol E. Huff, J.], entered on or about November 4, 1991), is dismissed, without costs.

Since petitioner is foreclosed from challenging the sufficiency of the evidence due to his default (Matter of Alfaro Motors 241st St. v Nardelli, 171 AD2d 438, 439), the proceeding…