Matter of Nunez v. Annucci

Appellate Division of the Supreme Court of New York

Matter of Nunez v. Annucci

2017 NY Slip Op 6805, 153 A.D.3d 1558, 60 N.Y.S.3d 870

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

DecidedSeptember 29, 2017

Docket1081 TP 17-00422

StatusPublished

This text of 2017 NY Slip Op 6805 (Matter of Nunez v. Annucci) 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

Matter of Nunez v. Annucci, 2017 NY Slip Op 6805, 153 A.D.3d 1558, 60 N.Y.S.3d 870 (N.Y. Ct. App. 2017).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Wyoming County [Michael M. Mohun, A.J.], entered February 28, 2017) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various inmate rules.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

*1559 Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III disciplinary hearing, that he violated various inmate rules. Initially, we conclude that there is substantial evidence to support the determination with respect to inmate rule 113.15 (7 NYCRR 270.2 [B] [14] [v]), inasmuch as petitioner pleaded guilty to violating that rule (see Matter of Liner v Fischer, 96 AD3d 1416, 1417 [2012]). Petitioner failed to exhaust his administrative remedies with respect to his remaining contentions because he failed to raise those contentions in his administrative appeal, and this Court “has no discretionary power to reach” them (Matter of Nelson v Coughlin, 188 AD2d 1071, 1071 [1992], appeal dismissed 81 NY2d 834 [1993]; see Matter of Polanco v Annucci, 136 AD3d 1325, 1325 [2016]).

Present — Whalen, P.J., Smith, Centra, Peradotto and Carni, JJ.

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Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Wyoming County [Michael M. Mohun, A.J.], entered February 28, 2017) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various inmate rules.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

*1559 Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III disciplinary hearing, that he violated various inmate rules. Initially, we conclude that there is substantial evidence to support the determination with respect to inmate rule 113.15 (7 NYCRR 270.2 [B] [14] [v]), inasmuch as petitioner pleaded guilty to violating that rule (see Matter of Liner v Fischer, 96 AD3d 1416, 1417 [2012]). Petitioner failed to exhaust his administrative remedies with respect to his remaining contentions because he failed to raise those contentions in his administrative appeal, and this Court “has no discretionary power to reach” them (Matter of Nelson v Coughlin, 188 AD2d 1071, 1071 [1992], appeal dismissed 81 NY2d 834 [1993]; see Matter of Polanco v Annucci, 136 AD3d 1325, 1325 [2016]).

Present — Whalen, P.J., Smith, Centra, Peradotto and Carni, JJ.

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Bluebook (online)

2017 NY Slip Op 6805, 153 A.D.3d 1558, 60 N.Y.S.3d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-nunez-v-annucci-nyappdiv-2017.

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