Opinion
May 18, 2000.
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Thomas Murphy, Dannemora, petitioner in person.
Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondents.
Before: CARDONA, P.J., CREW III, PETERS, MUGGLIN and ROSE, JJ.
MEMORANDUM AND JUDGMENT
Petitioner, a prison inmate, was found guilty of the charges of committing an unhygienic act and making threats. Contrary to petitioner's contention, the misbehavior report, testimony from the correction officer who authored the report, as well as testimony from another correction officer who witnessed the incident, provide substantial evidence to support the determination of petitioner's guilt (see, Matter of Crandall v. Goord, ___ A.D.2d ___, 700 N.Y.S.2d 592; Matter of McNair v. Goord, 265 A.D.2d 716). Petitioner also contends that the Hearing Officer erred in taking the correction officers' testimony via speaker phone. Although petitioner has failed to preserve this issue for review, were we to examine it, we would find that this argument is without merit (see, Matter of Almonor v. Selsky, 253 A.D.2d 929). There is no requirement that a witness be physically present at such a hearing (see, Matter of Faison v. Goord, ___ A.D.2d ___, 702 N.Y.S.2d 145). We have examined petitioner's remaining contentions, including his claim of Hearing Officer bias, and find them lacking in merit.
Cardona, P.J., Crew III, Peters, Mugglin and Rose, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.