Opinion
July 11, 1994
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Ordered that the order and judgment is affirmed, without costs or disbursements.
The petitioner asserts that he was denied a fair hearing because the Hearing Officer refused to admit a copy of a complaint the petitioner lodged against a correction officer prior to the officer's filing of the misbehavior report which was the subject of the hearing. The evidence in question was properly ruled inadmissible as having no relevance to the charges under consideration (see, Matter of Hop-Wah v. Coughlin, 118 A.D.2d 275, revd on other grounds 69 N.Y.2d 791). Furthermore, the petitioner's allegation that the Hearing Officer's evidentiary ruling demonstrated that person's disbelief in the petitioner's claim of retaliation does not support the petitioner's assertion that the determination under review was affected by bias (see, Matter of McCoy v. Leonardo, 175 A.D.2d 358). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.