Matter of Jones v. Fischer

125 A.D.3d 1028, 999 N.Y.S.2d 766

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 5, 2015
• Docket: 518995
• Status: Published

Opinion

Appeal from a judgment of the Supreme Court (Ferreira, J.), entered April 23, 2014 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating various prison disciplinary rules, claiming that he was denied the right to call witnesses. Respondents moved to dismiss the petition based upon petitioner’s failure to exhaust his administrative remedies in that he did not raise that issue in his administrative appeal. Supreme Court granted the motion and this appeal ensued.

Because petitioner has failed to advance any arguments in his brief concerning the basis for Supreme Court’s dismissal of the petition, any claims with regard thereto have been abandoned (see Matter of Wilson v Bezio, 93 AD3d 1053, 1053 [2012]; Matter of Gathers v Artus, 59 AD3d 795, 795 [2009]). As regards the issues he does raise, they are not properly before us.

Peters, P.J., Lahtinen, Egan Jr. and Lynch, JJ., concur. Ordered that the judgment is affirmed, without costs.