Opinion
October 4, 1991
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Callahan, A.P.J., Denman, Green, Pine and Davis, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: We find that the written misbehavior report and the testimony of the correction officer positively identifying petitioner constitute substantial evidence to support the determination of misconduct (see generally, People ex rel. Vega v Smith, 66 N.Y.2d 130). Petitioner failed to establish at the disciplinary hearing that he was prejudiced by an alleged inadequacy of employee assistance (see, Matter of Wright v Scully, 124 A.D.2d 805).