Opinion
January 3, 1991
Appeal from the Supreme Court, Dutchess County (Benson, J.).
There is no merit to petitioner's contention that he was denied due process because the Hearing Officer curtailed his questioning of a correction officer and did not allow him to call two additional witnesses. The Hearing Officer accorded petitioner a full opportunity to establish his defense of mistaken identity and the additional witnesses' testimony was irrelevant (see, Matter of Irby v Kelly, 161 A.D.2d 860, 861). Moreover, petitioner was not entitled to engage in further questioning in the nature of cross-examination (see, Matter of Laureano v Kuhlmann, 75 N.Y.2d 141, 146). Finally, the correction officer's testimony, her positive identification of petitioner and the misbehavior report constitute substantial evidence to support the determination of guilt (see, Matter of Bernacet v Coughlin, 145 A.D.2d 802, 802-803, lv denied 74 N.Y.2d 603).
Judgment affirmed, without costs. Casey, J.P., Mikoll, Yesawich, Jr., Levine and Harvey, JJ., concur.