Opinion
October 1, 1993
Appeal from the Erie County Court, Wolf, Jr., J.
Present — Denman, P.J., Green, Balio, Boomer and Boehm, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: There is no merit to petitioner's contention that the Hearing Officer's determination that petitioner was guilty of smuggling was not supported by substantial evidence. Petitioner's involvement in smuggling was established by information from confidential informants and corroborated by an investigation undertaken by correction officers. A reasonable mind would accept such proof in support of the determination made by the Hearing Officer (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139).
The Hearing Officer was not disqualified under 7 NYCRR 254.1 solely because he was watch commander on the date of the misbehavior report. The record establishes that he had no personal knowledge of or involvement in the investigation (see, Matter of Brown v. Scully, 110 A.D.2d 835; see also, Matter of Marquez v. Mann, 188 A.D.2d 956; Matter of O'Neal v. Coughlin, 162 A.D.2d 826).
We have examined petitioner's other contentions and find them to be without merit.