Opinion
June 12, 1997
Based upon the misbehavior report and the testimony of the confidential informants, which the Hearing Officer found to be reliable, substantial evidence supports the determination finding petitioner guilty of violating the prison disciplinary rule which prohibits assaults on inmates (see, Matter of Abdur-Raheem v Mann, 85 N.Y.2d 113, 119; Matter of Otero v. Coughlin, 225 A.D.2d 841). We reject petitioner's contention that he was denied an impartial hearing inasmuch as the record fails to disclose that the Hearing Officer was biased or that the outcome of the hearing flowed from any alleged bias (see, Matter of Dumpson v. Mann, 225 A.D.2d 809, 811-812, lv denied 88 N.Y.2d 805). Petitioner's remaining contentions have been reviewed and are either unpreserved for review or without merit.
Mikoll, J.P., Mercure, White, Casey and Peters, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.