Opinion
February 2, 1990
Appeal from the Supreme Court, Cayuga County, Contiguglia, J.
Present — Dillon, P.J., Denman, Green, Balio and Lawton, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: Petitioner, an inmate at Auburn Correctional Facility, contends that his disciplinary hearing was not completed within 14 days and that an extension of the 14-day period obtained by prison officials was invalid because it did not contain the signature of the Commissioner's designee (see, 7 NYCRR 251-5.1 [b]). We disagree. There is no requirement that approval be memorialized on a form signed by the Commissioner's designee. The record reveals that a timely application for an extension was made, that the Commissioner's designee approved the extension, that the hearing was completed within the time period approved by the Commissioner's designee, and that petitioner was informed of the reason for the extension. Under the circumstances, respondent acted in accordance with the regulations (see, Matter of Bernacet v Coughlin, 145 A.D.2d 802, lv denied 74 N.Y.2d 603; Matter of Hodges v Scully, 141 A.D.2d 729).
There is no merit to petitioner's contention that the Hearing Officer did not preside in an impartial manner or that certain charges were filed in retaliation. We find that the determination was supported by substantial evidence. The remaining issues set forth in the petition and rejected by Supreme Court have not been raised on appeal, and thus those issues have been waived (see, Velte v Jainew Enters., 122 A.D.2d 544).