MEMORANDUM AND JUDGMENT
Petitioner was found guilty of violating the prison disciplinary rules prohibiting inmates from refusing to obey a direct order and engaging in violent conduct. The Attorney General concedes, and our review of the record confirms, that there is insufficient evidence to support so much of the determination as found petitioner guilty of violent conduct. That part of the determination is, accordingly, annulled and the matter is remitted to the Commissioner of Correctional Services for a redetermination of the penalty imposed (see Matter of Delgado v. Hurlburt, 279 A.D.2d 734).
Substantial evidence was presented supporting the remainder of the determination wherein petitioner was found guilty of refusing to obey a direct order. Presented in evidence at the disciplinary hearing was the misbehavior report relating that petitioner ignored a correction officer's repeated orders to leave his cell and report to his job as an evening porter. The testimony of the reporting officer was consistent with this rendition of the facts and we find that there was sufficient evidence to support the determination of his guilt (see Matter of Cliff v. Brady, 290 A.D.2d 895, 895-896, lv dismissed, lv denied 98 N.Y.2d 642). Petitioner's remaining contentions, including his assertion of hearing officer bias, have been examined and found to be without merit.
SPAIN, J.P., MUGGLIN, ROSE, LAHTINEN and KANE, JJ., concur.
ADJUDGED that the determination is modified, without costs, by annulling so much thereof as found petitioner guilty of violent conduct; petition granted to that extent and matter remitted to the Commissioner of Correctional Services for further proceedings not inconsistent with this Court's decision; and, as so modified, confirmed.