Opinion
September 10, 1998
Following a tier III hearing at which petitioner apparently refused to speak, he was found guilty of violating the prison disciplinary rule which prohibits the unauthorized use of a controlled substance. Contrary to petitioner's contention, the misbehavior report together with the calibration slips from the urinalysis tests indicating the presence of cannabinoids provide substantial evidence to support the determination of guilt ( see, Matter of Kreel v. Goord, 249 A.D.2d 600). Petitioner's remaining contentions, having not been raised at the disciplinary hearing, are unpreserved for our review and we decline to address them ( see, Matter of Murphy v. Selsky, 239 A.D.2d 724).
Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.