Yesawich Jr., J.
While in restrictive confinement and being escorted to a continued session of an ongoing tier III inmate disciplinary hearing, petitioner refused the direct order of the correction officer assigned to escort him to assume the proper position to permit a thorough pat-down frisk, despite specific directions from the officer. The resulting disciplinary charges were supported at a hearing by the misbehavior report and testimony of the correction officer assigned to escort petitioner. Petitioner commenced this proceeding contending that the determination finding him guilty of failing to obey a direct order and failing to permit a frisk was not supported by substantial evidence.
The detailed misbehavior report signed by the witnessing correction officer and his accompanying testimony provided ample evidence to sustain the charges ( see, Matter of Bernacet v Coughlin, 145 A.D.2d 802, lv denied 74 N.Y.2d 603). Any discrepancy in the proof introduced by petitioner merely created an issue of credibility for the Hearing Officer to resolve ( see, supra, at 803). We also reject petitioner's argument that his hearing was untimely because it was commenced on the eighth day following the incident. The time limitations ( 7 NYCRR 251-5.1), which are directory and do not operate to oust jurisdiction absent substantial prejudice not present here ( see, Matter of Taylor v Coughlin, 135 A.D.2d 992, 993), were complied with. Furthermore, the seven-day time period of 7 NYCRR 251-5.1 (a) does not apply because petitioner's restrictive confinement was unrelated to the pending disciplinary charges ( see, Matter of Harrison v Selsky, 198 A.D.2d 728, 729).
We find petitioner's contention that the Hearing Officer was biased and not impartial wholly unsupported by the record ( see, Matter of Nieves v Coughlin, 157 A.D.2d 943, 944). Petitioner's remaining contentions have been examined and are without merit.
Mikoll, J.P., Crew III, Casey and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.