Opinion
June 5, 1995
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
We find that the misbehavior report, coupled with the testimony of a Correction Officer who witnessed the incident, provided substantial evidence to support the determination (see generally, Matter of Perez v. Wilmot, 67 N.Y.2d 615; People ex rel. Vega v. Smith, 66 N.Y.2d 130).
The petitioner's remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.