MATTER OF BRISMAN v. SENKOWSKI

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules which prohibit inmates from creating a disturbance, harassment and refusing a direct order. Contrary to petitioner's contention, the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence of petitioner's guilt (see, Matter of Sanders v. Goord, 275 A.D.2d 842, 713 N.Y.S.2d 509; Matter of Rashid v. Ketchum, 247 A.D.2d 670). Petitioner's remaining arguments were not raised in his administrative appeal and, thus, are unpreserved for our review (see, Matter of Rivera v. Goord, 274 A.D.2d 813; Matter of Mealer v. Selsky, 268 A.D.2d 723). In any event, were these issues properly before us, we would find them to be without merit.

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