Opinion
Decided and Entered: June 22, 2000.
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of the Superintendent of Greene Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.
Benjamin Kilgore, Coxsackie, petitioner in person.
Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondent.
Before: Cardona, P.J., Mercure, Mugglin, Rose and Lahtinen, JJ.
MEMORANDUM AND JUDGMENT
Following a tier II disciplinary hearing, petitioner, a prison inmate, was found guilty of physical interference with an employee, refusing a direct order and harassment. Contrary to petitioner's contention, the correction officer's misbehavior report was sufficiently detailed and probative to constitute substantial evidence of petitioner's guilt (see, Matter of Almonor v. Selsky, 241 A.D.2d 584, lv denied 90 N.Y.2d 810). Petitioner's contention that the correction officer misrepresented the incident in his report raised a credibility issue properly resolved by the Hearing Officer (see, Matter of Malik v. Senkowski, 271 A.D.2d 793, 706 N.Y.S.2d 648).
By failing to object at the hearing, petitioner's claims that he was denied both witnesses and documentary evidence have neither been preserved for our review (see, Matter of Serrano v. Goord, 266 A.D.2d 661, lv denied 94 N.Y.2d 762 [Mar. 30, 2000]), nor do they have merit. Petitioner's witnesses either testified, did not witness the incident or simply refused to testify and the Hearing Officer fully explored petitioner's documentary evidence claims and properly found that the requested material was either irrelevant or unavailable (see, Matter of Weatherly v. Goord, 268 A.D.2d 641, 701 N.Y.S.2d 675). Finally, we have examined petitioner's contention that the Hearing Officer was biased and find it to be wholly unsupported by the record.
Cardona, P.J., Mercure, Mugglin, Rose and Lahtinen, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.