Opinion
April 17, 1995
Appeal from the Supreme Court, Dutchess County (Hillery, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner was found guilty, after a hearing, of violating the rules and regulations governing his temporary release by opening a checking account with a private banking institution and depositing money therein while on a work release program, without prior approval. The applicable rule provided that the petitioner would "not become involved with personal or business loans, licenses, credit card or installment purchases, or other contracts without the written approval of [his] parole officer" ( 7 NYCRR 1902.1). Giving deference to the construction agencies give their own regulations (see, Matter of Carlson Assocs. v Jorling, 204 A.D.2d 540; Matter of Blake v Mann, 145 A.D.2d 699, affd 75 N.Y.2d 742), we find that it was not irrational or unreasonable for the respondents to interpret this rule as prohibiting the petitioner's conduct (see, Matter of Howard v Wyman, 28 N.Y.2d 434, 438).
By failing to object or request a written explanation as to why his right to call witnesses on his behalf was denied at a time when the error could have been corrected, the petitioner has waived this issue (see, Matter of Hop-Wah v Coughlin, 118 A.D.2d 275, 278, revd on other grounds 69 N.Y.2d 791; Matter of Guzman v Coughlin, 90 A.D.2d 666).
We have considered the petitioner's remaining contentions and find them to be without merit. Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.