Magin v. Leclaire
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1109Petitioner commenced this CPLR article 78 proceeding to challenge a determination of respondent which found him guilty of violating certain prison disciplinary rules. Supreme Court dismissed the petition and petitioner now appeals.
Petitioner’s sole contention on appeal is that the misbehavior report was reviewed by a correction sergeant who was not properly authorized to act as a review officer and, as a result, the misbehavior report is invalid.* This claim is not properly preserved for our review as petitioner did not make an objection to the sergeant’s authorization at the hearing (see…
2Cases cited5 opinions
- Wright v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
- Carter v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Hernandez v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Roman v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- Coleman v. GoordAppellate Division of the Supreme Court of the State of New York · 2007