Opinion
December 14, 1987
Appeal from the Supreme Court, Dutchess County (Patsalos, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
There was substantial evidence to support the determination that the petitioner violated a State and institutional rule prohibiting the refusal to obey a direct order (see, People ex rel. Vega v Smith, 66 N.Y.2d 130).
Further, since the petitioner never claimed during the administrative proceedings that he had not received a copy of the State rule book, that claim cannot be judicially reviewed (see, Matter of Klapak v Blum, 65 N.Y.2d 670; Matter of Photo Medic Equip. v Suffolk County Dept. of Health Servs., 122 A.D.2d 882). Mollen, P.J., Bracken, Rubin, Kooper and Spatt, JJ., concur.