Kitnurse v. Mazzuca

Appellate Division of the Supreme Court of New York

Kitnurse v. Mazzuca

24 A.D.3d 667, 805 N.Y.S.2d 845

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 19, 2005

StatusPublished

This text of 24 A.D.3d 667 (Kitnurse v. Mazzuca) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kitnurse v. Mazzuca, 24 A.D.3d 667, 805 N.Y.S.2d 845 (N.Y. Ct. App. 2005).

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Opinion

Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent Superintendent of the Fishkill Correctional Facility, dated November 19, 2002, as confirmed a determination of a hearing officer dated September 26, 2002, made after a Tier III disciplinary hearing, finding that the petitioner violated institutional rules and imposing a penalty.

Adjudged that the determination is confirmed insofar as reviewed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner’s claim that he received inadequate employee assistance is not supported by the record (see Matter of Rosa v Goord, 14 AD3d 747 [2005]; Matter of Otero v Selsky, 9 AD3d 631, 632 [2004]).

The petitioner’s remaining contentions are either unpreserved for appellate review or without merit (see Matter of Moolenaar v Goord, 266 AD2d 625 [1999]). Ritter, J.P., Krausman, Goldstein and Lifson, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent Superintendent of the Fishkill Correctional Facility, dated November 19, 2002, as confirmed a determination of a hearing officer dated September 26, 2002, made after a Tier III disciplinary hearing, finding that the petitioner violated institutional rules and imposing a penalty.

Adjudged that the determination is confirmed insofar as reviewed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner’s claim that he received inadequate employee assistance is not supported by the record (see Matter of Rosa v Goord, 14 AD3d 747 [2005]; Matter of Otero v Selsky, 9 AD3d 631, 632 [2004]).

The petitioner’s remaining contentions are either unpreserved for appellate review or without merit (see Matter of Moolenaar v Goord, 266 AD2d 625 [1999]). Ritter, J.P., Krausman, Goldstein and Lifson, JJ., concur.

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Bluebook (online)

24 A.D.3d 667, 805 N.Y.S.2d 845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kitnurse-v-mazzuca-nyappdiv-2005.

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