Opinion
November 16, 1990
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Doerr, J.P., Boomer, Pine, Balio and Lawton, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: Petitioner did not raise any issue regarding the adequacy of prehearing assistance or denial of his right to call witnesses on his administrative appeal, and thus, those issues were not preserved for judicial review (see, Matter of Cushing-Gale v. Kelly, 155 A.D.2d 996; Matter of Samuels v. Kelly, 143 A.D.2d 506, lv denied 73 N.Y.2d 707). In any event, the record does not support petitioner's contentions on either issue. The Hearing Officer's determination that petitioner violated inmate rule 109.10 (being out of place) was supported by substantial evidence. Petitioner testified at the hearing that he was at the entrance to another inmate's "cube" at 2:30 A.M. and that an altercation ensued within the inmate's "cube".