Opinion
November 8, 1990
Appeal from the Supreme Court, Washington County.
The evidence presented at the hearing, including the fight investigation report, the misbehavior report and the medical reports which showed injuries to another inmate, constitutes substantial evidence to support the determination that petitioner was fighting (see, Matter of Perez v. Wilmot, 67 N.Y.2d 615, 616). Petitioner also failed to raise any claim of error on administrative appeal with respect to his penalty of 30 days' loss of privileges and, therefore, that issue has been waived (see, Matter of Hop Wah v. Coughlin, 153 A.D.2d 999, lv. denied 75 N.Y.2d 705; Matter of McClean v. LeFevre, 142 A.D.2d 911, 912).
Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Kane, Weiss, Levine and Harvey, JJ., concur.