Maldonado v. Racette
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Essex County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
At no time during the course of the disciplinary hearing or on administrative appeal did petitioner request an interpreter. Having failed to do so at a time when any alleged error could have been corrected or on administrative appeal constitutes a waiver of this issue (see, Matter of McClean v LeFevre, 142 AD2d 911, 912). In…
2Cases cited5 opinions
- McClean v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1988
- Wong v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
- Samuels v. KellyAppellate Division of the Supreme Court of the State of New York · 1988
- Peart v. KellyAppellate Division of the Supreme Court of the State of New York · 1987
- Diaz v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by3 opinions
- Corona v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2003
- Alvarez v. Hernandez-PiñeroAppellate Division of the Supreme Court of the State of New York · 1995
- Wan Zhang v. MurphyAppellate Division of the Supreme Court of the State of New York · 2003