MATTER OF GREEN v. McGINNIS

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules prohibiting the refusal of a direct order and obstruction of visibility into his cell. Contrary to petitioner's contention, the misbehavior report, together with the testimony of the correction officer who authored the report, constitute substantial evidence of petitioner's guilt (see, Matter of Pryce v. Goord, 274 A.D.2d 804). We also reject petitioner's contention that he was denied the right to call a particular witness since this witness lacked personal knowledge of the incident (see, Matter of Dabney v. Murphy, 278 A.D.2d 714, 717 N.Y.S.2d 759; Matter of Pabon v. Coombe, 249 A.D.2d 629, 629-630). Nor do we find that he was improperly denied the right to introduce documentary evidence in his defense as it is clear that the documents in question were immaterial or irrelevant to the charges (see,Matter of Fletcher v. Murphy, 249 A.D.2d 638, 639). Finally, we are unpersuaded that the Hearing Officer was biased and, in any event, petitioner failed to establish that the outcome of the hearing flowed from bias (see, Matter of Amaker v. Senkowski, 278 A.D.2d 725, 718 N.Y.S.2d 237;Matter of Lawrence v. Headley, 257 A.D.2d 837).

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