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IN THE MATTER OF AMAKER v. SENKOWSKI

Appellate Division of the Supreme Court of New York, Third Department.
Dec 21, 2000
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MEMORANDUM AND JUDGMENT

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules which prohibit inmates from refusing a direct order, making threats, verbal harassment and creating a disturbance. Contrary to petitioner's contention, the misbehavior report, together with the testimony of the correction officers who witnessed the incident, provide substantial evidence of petitioner's guilt (see, Matter of Johnson v. Selsky, 271 A.D.2d 770). Moreover, we are unpersuaded by petitioner's contention that the Hearing Officer was biased and, in any event, petitioner failed to establish that the outcome of the hearing flowed from the alleged bias (see, Matter of Madison v. Goord, 273 A.D.2d 557; Matter of Lawrence v. Headley, 257 A.D.2d 837).

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