Opinion
March 18, 1996
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 misbehavior report and the hearing evidence provided substantial evidence to support the determination finding him guilty of violent conduct, possession of a weapon, and damaging property (see, Matter of Bryant v Coughlin, 77 N.Y.2d 642; Matter of Foster v Coughlin, 76 N.Y.2d 964; Matter of Vogelsang v Coombe, 105 A.D.2d 913, affd 66 N.Y.2d 835).
The petitioner contends that his due process rights were violated due to the absence from the misbehavior report of the signatures of other correction officers who witnessed the incident. The petitioner has failed to demonstrate any prejudice accruing to him as a result of this omission (see, Matter of Serra v Selsky, 223 A.D.2d 845; Matter of Smith v Walker, 209 A.D.2d 799; Matter of Dell'Orfano v Coughlin, 209 A.D.2d 798; Matter of Smith v Coughlin, 170 A.D.2d 845).
The petitioner's remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., Thompson, Friedmann, Florio and McGinity, JJ., concur.