Memorandum:
Petitioner was found guilty following a Tier III hearing of violating inmate rules 114.10 ( 7 NYCRR 270.2 [B] [15] [i] [smuggling]) and 180.10 ( 7 NYCRR 270.2[B][26][i] [violating facility visiting procedures]). Although the proof is entirely circumstantial, the determination of the Hearing Officer is supported by substantial evidence ( see, Matter of Fereira v. Coombe, 239 A.D.2d 905). It is well established that a Hearing Officer may rely on confidential information ( see, Matter of Abdur-Raheem v. Mann, 85 N.Y.2d 113, 119; Matter of Vogelsang v. Coombe, 105 A.D.2d 913, affd 66 N.Y.2d 835). By refusing to attend the last day of the hearing, petitioner waived notification that confidential information was received that day ( see, Matter of Tifer v. Coughlin, 214 A.D.2d 1036, 1037; see also, Matter of Cowart v. Pico, 213 A.D.2d 853, lv denied 85 N.Y.2d 812; cf., Matter of Freeman v. Coughlin, 138 A.D.2d 824). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.)