Majority
p. 587In the Matter of Billy Billups, Appellant, v C. Artuz, Respondent. [644 NYS2d 635]
The Hearing Officer’s finding that the petitioner had violated prison rules which prohibited disobeying a direct order and lying or making incomplete, misleading, or false statements was supported by substantial evidence in the form of a written misbehavior report prepared by the Correction Officer who observed the incident and the hearing testimony of a prison employee who likewise witnessed the incident (see, Matter of Foster v Coughlin, 76 NY2d 964 ).
The petitioner’s various claims of procedural error are either unpreserved for appellate review (see, Matter of Tate v Senkowski, 215 AD2d 903 , 904) or without merit. O’Brien, J. P., Ritter, Pizzuto and Altman, JJ., concur.
Cases cited
- Foster v. Coughlin 76 NY2d 964 p. 587
- Tate v. Senkowski 215 AD2d 903 at 904 p. 587