Opinion
January 14, 1999.
Petitioner, an inmate, was served with two misbehavior reports stemming from incidents in which he falsely reported a medical emergency and misrepresented that he was in need of medical attention. Following separate disciplinary hearings, petitioner was found guilty of two violations of the disciplinary rule which prohibits inmates from lying; Petitioner thereafter commenced this CPLR article 78 proceeding contending that the determinations of guilt are not supported by substantial evidence. We disagree. In both proceedings the misbehavior reports, standing alone, were sufficiently detailed as to the time, place and persons involved in the incidents to satisfy the requirements of substantial evidence ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966; Matter of Melluzzo v. Goord, 250 A.D.2d 893). Moreover, there is no evidence in the record to support petitioner's claim that the Hearing Officer was biased or that the outcomes of the hearings flowed from the alleged bias ( see, Matter of Monge v. Goord, 251 A.D.2d 804). Finally, petitioner's remaining contentions are unpreserved for our review and, in any event, lack merit.
Cardona, P. J., Crew III, Yesawich Jr., Spain and Carpinello, JJ., concur.
Adjudged that the determinations are confirmed, without costs, and petition dismissed.