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IN THE MATTER OF JOHN HAMLETT, Petitioner, v. WAYNE STRACK, AS SUPERINTENDENT OF FISHKILL CORRECTIONAL FACILITY, ET AL., RESPONDENTS.

MEMORANDUM AND JUDGMENT

Following a tier II disciplinary hearing, petitioner was found guilty of interference with an employee and harassment. The misbehavior report alleged that petitioner sent a personal message to a facility nurse. Contrary to petitioner's contentions, the misbehavior report, authored by the nurse who witnessed the incident, and petitioner's own admissions regarding his actions provide substantial evidence of petitioner's guilt (see, Matter of McMillian v. Selsky, 268 A.D.2d 936, 702 N.Y.S.2d 679). To the extent that petitioner pleaded guilty to the charge of interference with an employee, he is precluded from asserting that the determination of guilt on that particular charge is not supported by substantial evidence (see, Matter of Zarvela v. Goord, 270 A.D.2d 532, 704 N.Y.S.2d 680). Finally, having failed to raise the issue of Hearing Officer bias on his administrative appeal, this issue is unpreserved for our review (see, Matter of Johnson v. Goord, 260 A.D.2d 816) and, in any event, the record reveals that petitioner received a fair and impartial hearing.

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

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IN THE MATTER OF HAMLETT v. STRACK
(Jun 15, 2000)