Opinion
July 12, 1990
Appeal from the Supreme Court, Clinton County (Plumadore, J.).
Petitioner was confined at Clinton Correctional Facility in Clinton County and charged with the use of a controlled substance in violation of State-wide rule 113.12 (see, 7 N.Y.CRR former 270.1 [b] [14] [iv]). He was found guilty following a disciplinary hearing and was unsuccessful on administrative appeal. He commenced this CPLR article 78 proceeding to challenge the determination. Supreme Court dismissed the petition and this appeal followed.
Petitioner claims that the determination should be annulled because EMIT control test result cards were not produced in violation of 7 NYCRR 1020.4 (e) (1) (iv) and 1020.5 (a) (1). Petitioner's failure to raise this issue at the administrative level precludes its consideration now (see, e.g., Matter of Hop Wah v. Coughlin, 153 A.D.2d 999, lv denied 75 N.Y.2d 705). In any event, we recently have resolved petitioner's contentions contrary to his position (see, Matter of Sweet v. Coughlin, 161 A.D.2d 1005).
Judgment affirmed, without costs. Mahoney, P.J., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.