IN THE MATTER OF LOZADA v. SELSKY

ADJUDGED that so much of the determination, as, in effect, confirmed so much of the Hearing Officer's determination finding that the petitioner violated 7 NYCRR 270.2(B)(5)(ii) and (iii) is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner's contention, the hearing testimony, along with the misbehavior report, constituted substantial evidence sufficient to support the determination that the petitioner was guilty of the charges brought against him (see Matter of Abdur-Raheem v. Mann, 85 N.Y.2d 113, 117; Matter of Oro v. Keane, 211 A.D.2d 796). Moreover, the Hearing Officer made an independent assessment of the confidential informants' reliability and credibility (see Matter of Abdur-Reheem v. Mann, supra at 119).

Additionally, the misbehavior report provided sufficient particulars to allow the petitioner to make an effective response to the charges against him and, consequently, he was not denied due process (see Matter of Wai Ng v. Goord, 285 A.D.2d 791; Huntley v. Goord, 261 A.D.2d 401; Torres v. Coombe, 234 A.D.2d 710).

RITTER, J.P., FRIEDMANN, H. MILLER and TOWNES, JJ., concur.