IN RE CORONA v. N.Y.S. DEPT. OF CORR. SVCS

Petitioner was found guilty of violating the prison disciplinary rules that prohibit inmates from being out of place and refusing to obey a direct order. On administrative appeal, petitioner challenged only the harshness of the penalty imposed. Based on petitioner's failure to raise any other issues at the administrative level, all the other issues raised in this CPLR article 78 proceeding have been waived and are not preserved for our review (see Matter of Maldonado v. Racette, 175 A.D.2d 963; Matter of Samuels v. Kelly, 143 A.D.2d 506, lv denied 73 N.Y.2d 707). As petitioner's penalty period has expired, that issue is moot.

Crew III, J.P., Peters, Spain, Rose and Kane, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.