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MATTER OF JAMES H. WEAREN, III, PETITIONER, v. DEPUTY SUPERINTENDENT BISH, RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this proceeding seeking to annul a determination finding him guilty of violating various inmate rules and imposing a penalty of 180 days in the special housing unit with a concomitant loss of good time and privileges. "Because the petition did not raise a substantial evidence issue, Supreme Court erred in transferring the proceeding to this Court" ( Matter of Nieves v. Goord, 262 A.D.2d 1042, 1042; see CPLR 7804 [g]; Matter of Ramos v. Herbert, 256 A.D.2d 1191). We nevertheless address the issues raised in the interest of judicial economy ( see Nieves, 262 A.D.2d at 1042; Ramos, 256 A.D.2d at 1191). Although petitioner raises a substantial evidence issue in the brief presented to this Court and also contends therein that his plea was involuntary and that the Hearing Officer was biased, we are unable to address those issues because he failed to raise them on his administrative appeal and thus failed to exhaust his administrative remedies with respect to them ( see Matter of White v. Goord, 299 A.D.2d 870, 871; Matter of Moore v. Goord, 280 A.D.2d 905, 906; Matter of Agosto v. Goord, 261 A.D.2d 888).

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IN RE OF WEAREN v. BISH
(Dec 31, 2003)