Appellate Division of the Supreme Court of New York, 1996

Craggan v. Coombe

Craggan v. Coombe
Appellate Division of the Supreme Court of New York · Decided July 12, 1996
229 A.D.2d 1014; 646 N.Y.S.2d 469; 1996 N.Y. App. Div. LEXIS 9081
Craggan v. Coombe

Opinion of the Court

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: By refusing to attend a Tier II disciplinary hearing, petitioner forfeited his right to chai*1015lenge the determination on the ground that the hearing should not have been held in his absence (see, Matter of Al Jihad v Mann, 159 AD2d 914, 915, lv denied 76 NY2d 706; Matter of Curdo v Jones, 144 AD2d 185, 186; Matter of Watson v Coughlin, 132 AD2d 831, 832, affd 72 NY2d 965). The determination is supported by substantial evidence (see, Matter of Foster v Coughlin, 76 NY2d 964, 966). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Lawton, J. P., Wesley, Doerr, Davis and Boehm, JJ.

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