Opinion
April 9, 1992
Appeal from the Supreme Court, Washington County.
The record fails to support petitioner's claim that he was denied a fair and impartial hearing. Initially, we note that petitioner has failed to carry his burden of proving that the Hearing Officer was biased or that the outcome of the hearing flowed from the alleged bias (see, Matter of Nieves v Coughlin, 157 A.D.2d 943). We also reject petitioner's claim that the Hearing Officer improperly denied his request to recall and reexamine two witnesses. Petitioner was accorded a full opportunity to present his defense and the record discloses a sufficient basis for the Hearing Officer's determinations (see, Matter of Irby v Kelly, 161 A.D.2d 860). Petitioner's remaining points on this issue have been considered and rejected as either unpreserved for review or lacking in merit. In addition, the testimony and the misbehavior report, along with the other evidence presented at the hearing, constitute substantial evidence to support the finding of guilt (see, Matter of Bernacet v Coughlin, 145 A.D.2d 802, lv denied 74 N.Y.2d 603). With respect to any conflicts in the testimony, these merely presented questions of credibility for the Hearing Officer to resolve (see, Matter of Hernandez v LeFevre, 150 A.D.2d 954, lv denied 74 N.Y.2d 615).
Weiss, P.J., Yesawich Jr., Mahoney, Casey and Harvey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.