Opinion
November 19, 1997
(CPLR art 78 Proceeding Transferred by Order of Supreme Court, Livingston County, Cicoria, J.)
Present — Lawton, J. P., Hayes, Doerr, Balio and Fallon, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination that petitioner violated inmate rule 113.12 ( 7 NYCRR 270.2 [B] [14] [iii] [use of controlled substance]) is supported by substantial evidence (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139). Petitioner's contentions that the Hearing Officer was not impartial and that the outcome of the hearing was based upon that lack of impartiality are not supported by the record (see, Matter of Dawes v. Selsky, 242 A.D.2d 907; Matter of McCoy v. Leonardo, 175 A.D.2d 358, 359).