MATTER OF HOLMES v. COUGHLIN


206 A.D.2d 564 (1994)

615 N.Y.S.2d 1010

In the Matter of Larry Holmes, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, et al., Respondents

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

July 7, 1994


Petitioner argues that his constitutional and regulatory rights were violated when the Hearing Officer interviewed a correction officer off the record and out of his presence. Insofar as petitioner failed to object to the procedure during the hearing or as part of his administrative appeal, this argument was not properly preserved for review. In any event, the conversation involved a tangential issue, with the correction officer basically reiterating his previous testimony...

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