IN THE MATTER OF ALLAH v. GOORD

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly confirmed respondent's determination finding petitioner guilty of violating inmate rules 103.20 ( 7 NYCRR 270.2 [B] [4] [ii] [solicitation]) and 107.11 ( 7 NYCRR 270.2 [B] [8] [ii] [harassment]) and dismissed the amended petition. The charges arose from a letter written and sent by petitioner to a woman outside the correctional facility. Contrary to the contention of petitioner, he was not improperly denied the right to call the recipient of the letter as a witness. Rather, the record before the Hearing Officer establishes that the proposed witness refused to testify ( see Matter of Raqiyb v. Goord, 261 A.D.2d 940).