Bunting v. Fischer
Opinion of the Court
Appeal from a judgment of the Supreme Court (Hayden, J.), entered July 27, 2010 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review (1) three determinations finding petitioner guilty of violating certain prison disciplinary rules and (2) a determination of the Cental Office Review Committee denying his grievance.
We affirm. Petitioner raises a number of arguments on appeal that he failed to advance either at the administrative level or in his petition, and they are accordingly unpreserved for our review (see Matter of Binkley v New York State Dept. of Correctional Servs., 64 AD3d 1063, 1064 [2009], lv dismissed and denied 13 NY3d 886 [2009]; Matter of Mingo v Annucci, 49 AD3d 1106, 1107 [2008], lv denied 11 NY3d 707 [2008]). Moreover, he has abandoned any properly preserved issues by failing to raise them in his appellate brief (see Matter of Jackson v Fischer, 78 AD3d 1335 [2010], lv denied 16 NY3d 705 [2011]; Matter of Perkins v Fischer, 78 AD3d 1355, 1356 [2010]).
Rose, J.E, Lahtinen, McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.