Opinion
November 24, 1993
Appeal from the Supreme Court, Washington County.
Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, contends that the determination rendered in a disciplinary proceeding must be annulled because the Hearing Officer failed to review certain documents which could have corroborated petitioner's claim that he was in his cell when the incident was alleged to have occurred. Inasmuch as petitioner failed to request the documents at the hearing, the Hearing Officer was not obligated to investigate the matter and obtain evidence for petitioner before rendering a decision (see, Matter of Cruz v Amico, 186 A.D.2d 841). We also reject petitioner's claim of error in the administrative appeal process, particularly since the determination is supported by substantial evidence in the record. The determination should be confirmed.
Mikoll, J.P., Yesawich Jr. and Mercure, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.