Boswell v. Coombe

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge respondent’s determination, following a Tier III disciplinary hearing, that he violated inmate rules 104.12 and 104.13 (7 NYCRR 270.2 [B] [5] [iii], [iv]). Petitioner argues that the Hearing Officer was disqualified from acting as Hearing Officer pursuant to 7 NYCRR 254.1 because he actually witnessed the incident. By failing to raise that argument at the Tier III disciplinary hearing when appropriate remedial action could have been taken,…