MEMORANDUM AND ORDER
It is hereby ORDERED that the determination be and the same hereby is unanimously modified on the law by granting the petition in part and annulling that part of the determination finding that petitioner violated inmate rule 113.23 ( 7 NYCRR 270.2 [B] [14] [xiv]) and as modified the determination is confirmed without costs, and respondents are directed to expunge from petitioner's institutional record all references thereto.
Memorandum: As respondents correctly concede, the determination finding that petitioner violated inmate rule 113.23 ( 7 NYCRR 270.2 [B] [14] [xiv]) is not supported by substantial evidence. However, the plea of guilty by petitioner to violating inmate rule 113.14 ( 7 NYCRR 270.2 [B] [14] [v]) precludes his present challenge to the sufficiency of the evidence supporting that charge ( see Matter of Fuller v. Goord, 299 A.D.2d 849, lv dismissed 100 N.Y.2d 531). We therefore modify the determination by granting the petition in part and annulling that part of the determination finding that petitioner violated inmate rule 113.23, and we direct respondents to expunge from petitioner's institutional record all references thereto. Because the penalty has been served, there is no need to remit the matter to respondents for reconsideration of the penalty imposed ( see Matter of Maybanks v. Goord, 306 A.D.2d 839). Finally, petitioner failed to exhaust his administrative remedies with respect to his contention that he was improperly confined to the special housing unit prior to the issuance of the misbehavior report ( see Matter of Johnson v. Ricks, 278 A.D.2d 559, lv denied 96 N.Y.2d 710).