McFadden v. Bezio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtStein, J.
*989Initially, we note that petitioner affirmatively waived any contention that the determination was not supported by substantial evidence. Moreover, it is unpreserved for this Court’s review because petitioner did not raise such issue in his petition (see Matter of Cole v Goord, 47 AD3d 1147 [2008]). In addition, we find that the authorization from the superintendent to open and read his outgoing mail was consistent with departmental regulations (see 7 NYCRR 720.3 [e] [1]; Matter of Montes v Bezio, 79 AD3d 1567, 1568 [2010], lv granted 16 NY3d 849 [2011]).
Turning to petitioner’s procedural…
2Cases cited8 opinions
- Alvarez v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Hernandez v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Cole v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
- Martinez v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
- Jackson v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by7 opinions
- Dickerson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- McFadden v. AmodioAppellate Division of the Supreme Court of the State of New York · 2017
- Pitts v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Dickerson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Rovinsky v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2018
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