Opinion
July 12, 1996
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Lawton, J.P., Wesley, Doerr, Davis and Boehm, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: By refusing to attend a Tier II disciplinary hearing, petitioner forfeited his right to challenge the determination on the ground that the hearing should not have been held in his absence ( see, Matter of Al Jihad v. Mann, 159 A.D.2d 914, 915, lv denied 76 N.Y.2d 706; Matter of Curcio v Jones, 144 A.D.2d 185, 186; Matter of Watson v. Coughlin, 132 A.D.2d 831, 832, affd 72 N.Y.2d 965). The determination is supported by substantial evidence ( see, Matter of Foster v Coughlin, 76 N.Y.2d 964, 966).