Opinion
December 20, 1989
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Dillon, P.J., Boomer, Green, Pine and Balio, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: Having failed to object at the Superintendent's hearing to the alleged defect in completing the drug test form, and having failed to raise the issue on his administrative appeal, petitioner may not raise the issue in this CPLR article 78 proceeding (see, Matter of Cushing-Gale v Kelly, 154 A.D.2d 954; Matter of Samuels v Kelly, 143 A.D.2d 506, lv denied 73 N.Y.2d 707; Matter of Krall v Kelly, 142 A.D.2d 951).