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MATTER OF WHYTE v. HORN

38 A.D.3d 362 (2007)

830 N.Y.S.2d 897

In the Matter of SHARON WHYTE, Petitioner, v. MARTIN HORN, as Commissioner of the New York City Department of Correction, et al., Respondents.

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

Decided March 20, 2007.

The substantial evidence issue raised in the petition has since been abandoned, and petitioner now presses only claims that the administrative hearing resulting in the challenged determination was procedurally flawed. Although we nonetheless retain the matter in the interests of judicial economy (see Matter of Sylvester v Goord, 24 A.D.3d 841 [2005]), petitioner's procedural arguments are unpreserved and would not, even if they could...

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