Opinion
October 1, 1999
PRESENT: GREEN, J.P., LAWTON, PIGOTT, JR., SCUDDER AND BALIO, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Contrary to petitioner's argument, the misbehavior reports and the testimony of the correction officer who authored one of the reports provide substantial evidence to support the determination that petitioner violated various inmate rules ( see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139; Matter of Parker v. Coughlin, 211 A.D.2d 929). We reject petitioner's argument that the gaps in the hearing transcript require annulment of the determination. Those gaps are not "so significant as to preclude meaningful review of the proceedings, particularly as they relate to petitioner's arguments" ( Matter of Fletcher v. Selsky, 199 A.D.2d 865, 866, lv denied 83 N.Y.2d 753; see also, Matter of Campbell v. Goord, 254 A.D.2d 590; Matter of Reid v. Coughlin, 219 A.D.2d 746). We have reviewed petitioner's remaining argument and conclude that it is without merit. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.)