Wyoming County-attica Legal Aid Bureau, Warsaw (Norman P. Effman of counsel), for petitioner-appellant.

Letitia James, Attorney General, Albany (Kevin C. Hu of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered May 10, 2023, in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III disciplinary hearing, that he violated incarcerated individual rule 113.10 (7 NYCRR 270.2 [B] [14] [i] [weapon]). Supreme Court dismissed the petition, and we affirm.

Petitioner failed to raise in his administrative appeal his contention that the Hearing Officer relied on evidence outside the record in rendering a decision. Petitioner thus failed to exhaust his administrative remedies with respect to that contention, and this Court lacks the discretionary authority to consider it (see Matter of Pierre v Annucci, 181 AD3d 1179, 1180 [4th Dept 2020]; Matter of Plaza v Annucci, 173 AD3d 1778, 1778-1779 [4th Dept 2019]). Contrary to petitioner's further contention, the record does not support his claim that the Hearing Officer failed to electronically record the entire hearing (see Matter of Olukotun-Williams v Gardner, 221 AD3d 1164, 1165 [3d Dept 2023]; Matter of Barnes v Annucci, 185 AD3d 1367, 1367 [3d Dept 2020]). Present—Whalen, P.J., Lindley, Bannister, Ogden and Greenwood, JJ.