Opinion
June 17, 1996
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
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 N.Y.2d 964).
The petitioner's various claims of procedural error are either unpreserved for appellate review (see, Matter of Tate v Senkowski, 215 A.D.2d 903, 904) or without merit. O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.