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MATTER OF CRUZ v. AMICO

186 A.D.2d 841 (1992)

In the Matter of Rafael Cruz, Petitioner, v. Lieutenant Amico, as Acting Captain and Hearing Officer of Southport Correctional Facility, et al., Respondents

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

October 1, 1992

We initially find that petitioner has waived any objection to the designation of the Hearing Officer as he failed to object to the procedure at the hearing at a time when any error could have been corrected (see, Matter of Finn v Leonardo, 160 A.D.2d 1074, 1076; Matter of Geddes v Wilmot, 111 A.D.2d 474, appeal dismissed 66 N.Y.2d 914, lv denied 66 N.Y.2d 603). We likewise...

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