| Matter of Sinanaj v Goord |
| 2008 NY Slip Op 01045 [48 AD3d 848] |
| February 7, 2008 |
| Appellate Division, Third Department |
| In the Matter of Deli Sinanaj, Appellant, v Glenn S. Goord, asCommissioner of Correctional Services, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), forrespondents.
Appeal from a judgment of the Supreme Court (Rumsey, J.), entered March 28, 2007 inChemung County, which dismissed petitioner's application, in a proceeding pursuant to CPLRarticle 78, to review a determination of respondent Commissioner of Correctional Servicesfinding petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier IIIdisciplinary determination which found him guilty of engaging in violent conduct, possessing aweapon and refusing frisk procedures. Supreme Court dismissed the petition and this appealensued.
We affirm. Initially, petitioner's contention that the determination of guilt is not supported bythe requisite substantial evidence is unpreserved for our review inasmuch as it is being raised forthe first time on this appeal (see Matterof Woodward v Selsky, 43 AD3d 1209, 1209 [2007]). Regarding petitioner's allegationthat the Hearing Officer lacked impartiality, such a claim is unsubstantiated and, in any event,there is no indication that the determination flowed from any alleged bias (see Matter of Nieves v Goord, 39AD3d 1104, 1105 [2007]). As for petitioner's remaining assertions that he was deprived ofadequate employee assistance and denied both relevant documentary evidence and the right topresent witness testimony, we have [*2]reviewed the record andfind these claims to be unavailing.
Carpinello, J.P., Lahtinen, Kane, Malone Jr. and Kavanagh, JJ., concur. Ordered that thejudgment is affirmed, without costs.