Opinion
2014-06-13
In the Matter of Nathaniel JAY, Petitioner–Appellant, v. Brian FISCHER, Commissioner, New York State Department of Corrections and Community Supervision, Respondent–Respondent.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Adam W. Koch of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of Counsel), for Respondent–Respondent.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Adam W. Koch of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of Counsel), for Respondent–Respondent.
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, VALENTINO, and DeJOSEPH, JJ.
MEMORANDUM:
Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that he violated multiple inmate rules. “Contrary to petitioner's contention, the record does not establish that the Hearing Officer was biased or that the determination flowed from the alleged bias” (Matter of Amaker v. Fischer, 112 A.D.3d 1371, 1372, 977 N.Y.S.2d 539;see Matter of Alvarez v. Fischer, 94 A.D.3d 1404, 1406, 942 N.Y.S.2d 711). “The mere fact that the Hearing Officer ruled against the petitioner is insufficient to establish bias” (Matter of Edwards v. Fischer, 87 A.D.3d 1328, 1329, 930 N.Y.S.2d 358 [internal quotation marks omitted] ). Also contrary to petitioner's contention, the Hearing Officer did not improperly deny petitioner his right to present evidence inasmuch as the evidence petitioner sought to present, i.e., petitioner's prison disciplinary history, was not relevant to the instant charges against petitioner ( see Matter of Pujals v. Fischer, 87 A.D.3d 767, 767, 928 N.Y.S.2d 867). In any event, the failure of the Hearing Officer to permit petitioner to submit that evidence “does not require annulment of the administrative determination, especially in light of the overwhelming evidence of petitioner's guilt” (Matter of Auricchio v. Goord, 275 A.D.2d 842, 842, 713 N.Y.S.2d 888).
Finally, petitioner challenges the penalty imposed. Inasmuch as petitioner failed to raise that challenge in his administrative appeal, he “thereby failed to exhaust his administrative remedies and this Court has no discretionary power to reach that issue” (Matter of Medina v. Coughlin, 202 A.D.2d 1000, 1000, 609 N.Y.S.2d 733;see Matter of Francisco v. Coombe, 231 A.D.2d 917, 917, 648 N.Y.S.2d 360;see generally Matter of Nelson v. Coughlin, 188 A.D.2d 1071, 1071, 591 N.Y.S.2d 670,appeal dismissed81 N.Y.2d 834, 595 N.Y.S.2d 396, 611 N.E.2d 297).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.