Eleby v. Coughlin

Appeal from a judgment of the Supreme Court (Berke, J.), entered May 28, 1991 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner contends that the shoe in which the sharpened metal shank was found should have been presented at the hearing and that one of the witnesses he requested who refused to testify should have been required to testify. Petitioner, however, failed to raise these objections at the hearing at a…