Opinion
February 20, 1992
Appeal from the Supreme Court, Washington County (Berke, J.).
Petitioner contends that the shoe in which the sharpened metal shank was found should have been presented at the hearing and that one of the witnesses he requested who refused to testify should have been required to testify. Petitioner, however, failed to raise these objections at the hearing at a time when any errors could have been corrected; such objections were therefore waived (see, Matter of Lebron v. Coughlin, 169 A.D.2d 859, lv denied 78 N.Y.2d 852; Matter of Geddes v. Wilmot, 111 A.D.2d 474, lv denied 66 N.Y.2d 603, appeal dismissed 66 N.Y.2d 914). In addition, there is no support in the record for petitioner's assertion that the Hearing Officer was not impartial (see, Matter of Cogle v. Coughlin, 166 A.D.2d 803). Supreme Court's decision to dismiss the petition must therefore be affirmed.
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.