Opinion
August 24, 1998
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
Contrary to the petitioner's contention, the respondent's determination is supported by substantial evidence in the record including the hearing testimony of an eyewitness and the inmate misbehavior report prepared shortly after the occurrence ( see, Matter of Scott v. Coughlin, 231 A.D.2d 727).
There is no merit to the petitioner's further contention that his confinement pending the disciplinary hearing was in violation of 7 NYCRR 251-5.1 (a).
The petitioner's remaining contention is without merit.
Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.