Opinion
September 11, 1997
Appeal from the Supreme Court, Chemung County (Ellison, J.).
Petitioner was found guilty of violating the prison disciplinary rules which prohibit smuggling, possession of a weapon, possession of contraband and unauthorized possession of money. Initially, we reject petitioner's contention that he was denied effective employee assistance. At the commencement of the hearing, petitioner was provided with all of the relevant and available documents which he could not access on his own ( see, Matter of Llull v. Coombe, 238 A.D.2d 761, 762, lv denied 90 N.Y.2d 804). Moreover, he has failed to demonstrate that any prejudice resulted from such assistance ( see, Matter of Williams v. Coombe, 227 A.D.2d 756). Furthermore, the record fails to support petitioner's contention that the Hearing Officer was biased ( see, Matter of Flynn v. Coombe, 239 A.D.2d 725, 726). Limiting petitioner's questions and evidence to matters that were relevant, and finding certain witnesses more credible than others, does not indicate bias ( see, Matter of Lee v. McCoy, 233 A.D.2d 633). Petitioner's remaining contentions have been reviewed and found to be unpreserved or without merit.
Mikoll, J.P., Casey, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.