Opinion
September 10, 1998
Petitioner pleaded guilty to the unauthorized use of controlled substances and failing to comply with temporary release programming rules and regulations in violation of prison disciplinary rules after petitioner's urine tested positive for both opiates and cannabinoids. Petitioner now challenges the determination, n of his guilt contending that the Hearing Officer should not have presided over the hearing because he interviewed petitioner (albeit on another matter) and requested that petitioner submit a urine specimen. Inasmuch as petitioner failed to raise this issue at the administrative hearing when the appropriate remedial action could have been taken, this issue has not been preserved for our review ( see, Matter of Guerrero v. Coombe, 239 A.D.2d 676). In any event, were we to consider this issue, we would find no bias on the part of the Hearing Officer given petitioner's plea of guilty to the charges contained in the misbehavior report ( see, Matter of Washington v. Goord, 245 A.D.2d 914).
Mercure, J.P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.