Legal Opinion

Cruz v. Amico

Appellate Division of the Supreme Court of the State of New York

Decided October 1, 1992PublishedCited by 6 opinions

1Opinion of the Court

— Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

We initially find that petitioner has waived any objection to the designation of the Hearing Officer as he failed to object to the procedure at the hearing at a time when any error could have been corrected (see, Matter of Finn v Leonardo, 160 AD2d 1074, 1076; Matter of Geddes v Wilmot, 111 AD2d 474, appeal dismissed…

2Cases cited9 opinions

  1. Bryant v. CoughlinNew York Court of Appeals · 1991
  2. Vogelsang v. CoombeNew York Court of Appeals · 1985
  3. Vogelsang v. CoombeAppellate Division of the Supreme Court of the State of New York · 1984
  4. Bernacet v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
  5. In re WagnerNew York Court of Appeals · 1985

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3Cited by6 opinions

  1. Brennan v. New York State & Local Employees Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2008
  2. Shannon v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Roman v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  4. Sowell v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  5. Lopez v. LeonardoAppellate Division of the Supreme Court of the State of New York · 1993

1 more not listed; retrieve them via the Exa API.

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