Opinion
December 21, 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 which found petitioner guilty of violating certain prison disciplinary rules.
Anthony D. Amaker, Dannemora, petitioner in person.
Eliot Spitzer, Attorney-General (Nancy A. Spiegel of counsel), Albany, for respondent.
Before: Mercure, J.P., Peters, Spain and Mugglin, JJ.
MEMORANDUM AND JUDGMENT
Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules which prohibit inmates from refusing a direct order, making threats, verbal harassment and creating a disturbance. Contrary to petitioner's contention, the misbehavior report, together with the testimony of the correction officers who witnessed the incident, provide substantial evidence of petitioner's guilt (see, Matter of Johnson v. Selsky, 271 A.D.2d 770). Moreover, we are unpersuaded by petitioner's contention that the Hearing Officer was biased and, in any event, petitioner failed to establish that the outcome of the hearing flowed from the alleged bias (see, Matter of Madison v. Goord, 273 A.D.2d 557; Matter of Lawrence v. Headley, 257 A.D.2d 837).
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.