KALID v. R. FARRELL

Following a tier III hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting assault, fighting and creating a disturbance. Initially, inasmuch as he pleaded guilty to the charge of fighting, petitioner is precluded from challenging the sufficiency of the evidence supporting the determination of guilt in connection therewith (see, Matter of Rollerson v. Selsky, 281 A.D.2d 735, 721 N.Y.S.2d 295). Notwithstanding petitioner's contrary argument, we find that the misbehavior report, together with the evidence adduced at the hearing, constitute substantial evidence to support the determination of guilt on the remaining charges (see, Matter of Lunney v. Selsky, 275 A.D.2d 820;Matter of Washington v. Selsky, 271 A.D.2d 798). Likewise, we are unpersuaded that the gaps in the transcription of the hearing tape were so significant as to preclude meaningful review (see, Matter of Gonzalez v. New York State Dept. of Correctional Servs., 277 A.D.2d 539). Petitioner's remaining arguments are unpreserved for our review (see, Matter of Kross v. Goord, 278 A.D.2d 637) and, in any event, are without merit.

Mercure, J.P., Crew III, Spain, Mugglin and Rose, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.