Opinion
January 30, 1992
Appeal from the Supreme Court, Washington County.
Petitioner claims that the Hearing Officer erred by referring to a memorandum and letter attached to the misbehavior report; petitioner argues that he never received copies of these documents and they were therefore not properly introduced into evidence. At the hearing, however, petitioner was specifically apprised of these documents and their contents were summarized, and he voiced no objection at that time. It was not until his administrative appeal that he raised this objection and it was therefore waived (see, Matter of Lebron v. Coughlin, 169 A.D.2d 859, lv denied 78 N.Y.2d 852; Matter of Shakoor v. Coughlin, 165 A.D.2d 917, appeal dismissed 77 N.Y.2d 866). Furthermore, the misbehavior report, coupled with petitioner's own testimony at the hearing, provide substantial evidence to support the determination that petitioner was guilty of providing unauthorized legal assistance to another inmate (see, Matter of Johnson v. Coughlin, 157 A.D.2d 991). Petitioner's remaining contentions have been considered and rejected as lacking in merit.
Mikoll, J.P., Yesawich Jr., Levine, Crew III and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.