IN RE: REGINALD MCFADDEN (2012)

MEMORANDUM AND ORDER

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Cayuga County [Mark H. Fandrich, A.J.], entered September 22, 2011) to review a determination of respondent.   The determination found after a Tier III hearing that petitioner had violated various inmate rules.

Contrary to petitioner's further contention, the determination that he violated the remaining inmate rules is supported by substantial evidence (see generally People ex rel. Vega v Smith, 66 N.Y.2d 130, 139).   Petitioner failed to exhaust his administrative remedies with respect to his contention that respondent improperly intercepted letters addressed to him inasmuch as he failed to raise that contention at his Tier III hearing, “and this Court has no discretionary authority to reach that contention” (Matter of Fuentes v. Fischer, 89 AD3d 1468;  see Matter of Nelson v. Coughlin, 188 A.D.2d 1071, 1071, appeal dismissed 81 N.Y.2d 834).   We have reviewed petitioner's remaining contentions and conclude that they are without merit.

Frances E. Cafarell

Clerk of the Court