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In the Matter of Jahson Tafari v. Thomas A. Coughlin, as Commissioner of the Department of Correctional Services
Determination unanimously confirmed and petition dismissed. Memorandum: Having failed to object at the Superintendent’s hearing to the alleged defect in completing the drug test form, and having
[943] failed to raise the issue on his administrative appeal, petitioner may not raise the issue in this CPLR article 78 proceeding (see, Matter of Cushing-Gale v Kelly, 154 AD2d 954; Matter of Samuels v Kelly, 143 AD2d 506, Iv denied 73 NY2d 707; Matter of Krall v Kelly, 142 AD2d 951). (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Dillon, P. J., Boomer, Green, Pine and Balio, JJ.