Opinion
March 29, 2000.
PRESENT: PIGOTT, JR., P. J., GREEN, PINE, HAYES AND HURLBUTT, JJ.
Determination unanimously confirmed without costs and petition dismissed.
Memorandum:
The detailed misbehavior report, along with the testimony of its author, constitutes substantial evidence supporting the determination that petitioner violated various inmate rules ( see, Matter of Bryant v. Coughlin , 77 N.Y.2d 642, 647; Matter of Foster v. Coughlin , 76 N.Y.2d 964, 966). By failing to request any witnesses to testify in his behalf at the disciplinary hearing, petitioner failed to preserve for our review his contention that the Hearing Officer erred in not calling those witnesses, and we decline to consider that contention in the interest of justice ( see, Matter of Reeves v. Goord , 248 A.D.2d 994, 995, lv denied 92 N.Y.2d 804). Petitioner failed to exhaust his administrative remedies with respect to his contentions concerning his employee assistant and documentary evidence, and we have no discretionary power to reach them ( see, Matter of Nelson v. Coughlin , 188 A.D.2d 1071, appeal dismissed 81 N.Y.2d 834). We have reviewed petitioner's remaining contentions and conclude that they are without merit. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Cayuga County, Corning, J.)