You are here: / / Prisoner Must Object at Hearing to Obtain Judicial Review
,

Prisoner Must Object at Hearing to Obtain Judicial Review

A prisoner’s failure to object or raise any procedural issues before the Hearing Officer renders any such issues unpreserved for judicial review. In the Matter of Austin v Fischer, 514568, 3rd Dept. 3-7-13

 

You might also like
The Precise Terms of the Stipulation Were Not Demonstrated to Have Been Violated—Contempt Finding Improper
MISTRIAL BASED UPON DEFENSE COUNSEL’S CONFLICTS OF INTEREST WAS PROPERLY GRANTED WITH DEFENDANT’S CONSENT; DOUBLE JEOPARDY DID NOT ATTACH (THIRD DEPT).
THE TRANSFER OF CERTAIN ASPECTS OF SELLER’S BUSINESS TO BUYER DID NOT MEET THE CRITERIA IN LABOR LAW 581; THEREFORE THE TRANSFER DID NOT TRIGGER THE TAKEOVER OF THE SELLER’S UNEMPLOYMENT INSURANCE EXPERIENCE ACCOUNT (THIRD DEPT).
Question of Fact Whether Driver’s Gesture to Turn Was Proximate Cause of Collision
THE JUDGE READ THE WRONG DEFINITION OF THE CHARGED OFFENSE TO THE JURY; NEW TRIAL ON THAT CHARGE ORDERED (THIRD DEPT).
Maltreatment Finding Not Supported by Substantial Evidence
DEFENDANT’S COUNSEL WAS INEFFECTIVE FOR FAILING TO FILE A VALID MOTION TO WITHDRAW THE PLEA; THE MOTION WAS MISCHARACTERIZED AS A MOTION TO VACATE THE CONVICTION AND WAS NOT SUPPORTED BY NECESSARY AFFIDAVITS; DEFENDANT’S SENTENCE WAS VACATED (THIRD DEPT).
Fraud Does Not Require Proof of a “Nefarious Motive”—Fact that Respondent Knew that the Spouses of Three Signatories Signed the Petition on the Signatories’ Behalf Invalidated the Petition, Despite the Fact that There Were a Sufficient Number of Valid Signatures

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Failure to Determine if Witness Would Testify Required New Hearing Stepmother Had Right to Portion of Children’s Trust Under Spouse’s Right...