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MATTER OF GARRETT v. COUGHLIN

158 A.D.2d 955 (1990)

In the Matter of James Garrett, Appellant, v. Thomas Coughlin, as Commissioner of The Department of Correctional Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 2, 1990

Judgment unanimously affirmed.

Memorandum:

In this CPLR article 78 proceeding, petitioner challenges the legality of his Tier II hearing on the ground that he was denied his right to call witnesses because the Hearing Officer would not listen to his instructor. By not raising this issue in his administrative appeal, petitioner has failed to preserve it for judicial review (see, Matter of Samuels v Kelly...

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