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IN THE MATTER OF HASSAN v. SELSKY
While packing petitioner's property, a correction officer discovered that petitioner's state-issued razor was missing. As a result, he was charged in a misbehavior report with losing state property. Petitioner was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
In his petition, petitioner also challenged a prior prison disciplinary determination finding him guilty of disobeying a direct order and interfering with an employee. Petitioner failed to brief these issues, however, and, hence, we deem any challenge in this regard to be abandoned ( see Matter of Davis v. Selsky, 270 AD2d 548, 548 n [2000]).
We confirm. The underlying misbehavior report provides substantial evidence supporting the determination of guilt ( see Matter of Porter v. McGinnis, 307 AD2d 500, lv denied 100 NY2d 516; Matter of Lebron v. Goord, 288 AD2d 583, 584, lv denied 97 NY2d 608; Matter of Duerr v. Senkowski, 272 AD2d 697). Petitioner's claim that the hearing officer failed to make a proper inquiry of an inmate who refused to testify is not preserved for our review given his failure to make any objection at the disciplinary hearing ( see Matter of Blackwell v. Goord, 5 AD3d 883, 885, lv denied 2 NY3d 708).
Adjudged that the determinations are confirmed, without costs, and petition dismissed.
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