Bones v. Kelly
| Decision Date | 11 July 1986 |
| Citation | 505 N.Y.S.2d 13,122 A.D.2d 593 |
| Parties | Matter of the Application of William C. BONES, Respondent, v. Walter R. KELLY, Superintendent, Attica Correctional Facility, et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Robert Abrams, Atty. Gen. (Mark Walling, of counsel), Buffalo, for appellants.
Norman P. Effman by Daniel Weinstein, Attica, for respondent.
Before DILLON, P.J., and BOOMER, GREEN, PINE and LAWTON, JJ.
The written misbehavior reports constituted substantial evidence in support of the findings made by the hearing officer and affirmed by the superintendent (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 495 N.Y.S.2d 332, 485 N.E.2d 997; cf. Matter of Jones v. Smith, 120 Misc.2d 445, 466 N.Y.S.2d 175, affd 101 A.D.2d 705, 425 N.Y.S.2d 812, affd on other grnds, 64 N.Y.2d 1003, 489 N.Y.S.2d 50, 478 N.E.2d 191). We note that petitioner's remaining claims were not raised in his petition or before Special Term and, therefore, are not properly before this court (see, Matter of Gaines v. Kelly, 117 A.D.2d 1002, 499 N.Y.S.2d 626 [1986]).
Judgment unanimously reversed, on the law, and petition dismissed.
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...; see generally Matter of Pigmentel v. Selsky, 19 A.D.3d 816, 817, 797 N.Y.S.2d 160 [3d Dept. 2005] ; Matter of Bones v. Kelly, 122 A.D.2d 593, 593, 505 N.Y.S.2d 13 [4th Dept. 1986] ). Petitioner's further contention that the Hearing Officer erred in denying his request to call a certain wi......
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Licastro v. Coughlin
...III hearing on the violation charged in the Perez misbehavior report is not properly raised before this court (see, Matter of Bones v. Kelly, 122 A.D.2d 593, 505 N.Y.S.2d 13; Matter of Gaines v. Kelly, 117 A.D.2d 1002, 499 N.Y.S.2d 626). (Article 78 Proceeding Transferred by Order of Suprem......
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Faulkner v. Kelly
...and petition dismissed (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 495 N.Y.S.2d 332, 485 N.E.2d 997; Matter of Bones v. Kelly, 122 A.D.2d 593, 505 N.Y.S.2d 13). (Article 78 proceeding transferred by Order of Supreme Court, Wyoming County, Dadd, CALLAHAN, J.P., and DENMAN, GREEN, BALI......
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Hydleburg v. Kelly
...and petition dismissed (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 495 N.Y.S.2d 332, 485 N.E.2d 997; Matter of Bones v. Kelly, 122 A.D.2d 593, 505 N.Y.S.2d 13). (Article 78 proceeding transferred by Order of Supreme Court, Wyoming County, Dadd, DOERR, J.P., and BOOMER, PINE, BALIO an......