Opinion
June 12, 1997
Petitioner was found guilty of violating the prison disciplinary rules which prohibit interfering with an employee, refusing a direct order and making threats. The record fails to support petitioner's contention that the misbehavior report was in retaliation for the numerous lawsuits and grievances he has filed against the correction officer who authored the misbehavior report. Instead, the record establishes that the misbehavior report, the log book entries and the testimony of the correction officer supports the determination of petitioner's guilt (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964). We find no merit in petitioner's claim of ineffective employee assistance in light of his failure to establish any prejudice resulting therefrom (see, Matter of Jenkins v. Coughlin, 190 A.D.2d 937, lv denied 82 N.Y.2d 651). We also reject petitioner's contention that the Hearing Officer improperly denied his request to call additional witnesses and to recall other witnesses inasmuch as their testimony would have been irrelevant or redundant (see, Matter of Bryant v. Mann, 199 A.D.2d 676). Petitioner's remaining contentions have been reviewed and are either without merit or not properly before this Court.
The Hearing Officer dismissed a second misbehavior report charging petitioner with violating prison disciplinary rules which prohibit harassment, lying and refusing a direct order.
Cardona, P.J., Mikoll, Crew III, White and Yesawich Jr., JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.