Opinion
December 23, 1993
Appeal from the Supreme Court, Albany County.
Contrary to petitioner's contention, the misbehavior report constitutes substantial evidence to support the finding that petitioner was guilty of possessing a weapon. In addition, the determination was not grounded on confidential information and petitioner's arguments in this respect are therefore misplaced. Finally, even if it is accepted that petitioner properly preserved for our review his claim that the Hearing Officer was biased, there is no support in the record for this claim or proof that the outcome of the hearing flowed from the alleged bias.
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Cardona, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.