Opinion
April 29, 1998
Present — Denman, P.J., Green, Pigott, Jr., Callahan and Fallon, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner was found guilty after a Tier III hearing of violating inmate rules 106.10 ( 7 NYCRR 270.2 [B] [7] [i] [refusal to obey a direct order]), 109.11 ( 7 NYCRR 270.2 [B] [10] [ii] [leaving assigned area without authorization]), 109.12 ( 7 NYCRR 270.2 [B] [10] [iii] [movement violation]), and 180.10 ( 7 NYCRR 270.2 [B] [26] [i] [violating visiting procedures]). The determination of the Hearing Officer is supported by the misbehavior reports and the testimony of the correction officers who prepared them, which constitute substantial evidence to support the determination ( see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139; Matter of Hooper v. Goord, 247 A.D.2d 884; Matter of Valera v. Selsky, 185 A.D.2d 481). (CPLR art. 78 Proceeding Transferred by Order of Supreme Court, Cayuga County, Corning, J.)