Opinion
December 30, 1999
Determination unanimously confirmed without costs and petition dismissed.
PRESENT: PINE, J. P., WISNER, HURLBUTT AND BALIO, JJ.
Memorandum:
Petitioner was found guilty following a Tier II hearing of violating inmate rule 102.10 ( 7 NYCRR 270.2 [B] [3] [i] [making threats]). At the hearing, petitioner admitted making a statement to the author of the misbehavior report, but denied that the statement was a threat. The statement repeated in the misbehavior report constitutes a threat, and thus there is substantial evidence to support the determination ( see, Matter of Bryant v. Coughlin, 77 N.Y.2d 642, 647; People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139). The remaining contentions of petitioner were not raised on administrative appeal. Petitioner thereby failed to exhaust his administrative remedies, and we have no discretionary power to reach those contentions ( see, Matter of Nelson v. Coughlin, 188 A.D.2d 1071, appeal dismissed 81 N.Y.2d 834). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Doyle, J.)