Opinion
July 11, 1986
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Dillon, P.J., Boomer, Green, Pine and Lawton, JJ.
Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: The written misbehavior reports constituted substantial evidence in support of the findings made by the Hearing Officer and affirmed by the Superintendent (see, People ex rel. Vega v Smith, 66 N.Y.2d 130; cf. Matter of Jones v Smith, 120 Misc.2d 445, affd 101 A.D.2d 705, affd on other grounds 64 N.Y.2d 1003). We note that petitioner's remaining claims were not raised in his petition or before Special Term and, therefore, are not properly before this court (see, Matter of Gaines v Kelly, 117 A.D.2d 1002).