BAKER v. GOORD (1999)

 Following a Tier III hearing, petitioner was found guilty of violating inmate rule 108.10 (7 NYCRR 270.2[B][9][i] [escape] ).   The misbehavior report alleged that defendant left the correctional facility for several hours and went to a motel in Cortland where he rented a room.   A receipt from the motel was attached to the misbehavior report and a forensic scientist opined that some of the writing on the receipt matched handwriting samples taken from petitioner.   The Hearing Officer properly relied on the determination of the forensic scientist (see, Matter of Davidson v. Coughlin, 219 A.D.2d 843, 631 N.Y.S.2d 949, lv. denied 87 N.Y.2d 808, 641 N.Y.S.2d 830, 664 N.E.2d 896).   Petitioner did not object to the hearsay testimony of a correction officer relating information provided by the manager of the motel and thus failed to preserve his present contention for our review (see, Matter of Rivera v. Selsky, 263 A.D.2d 955, 693 N.Y.S.2d 469;  Matter of Reeves v. Goord, 248 A.D.2d 994, 670 N.Y.S.2d 151, lv. denied 92 N.Y.2d 804, 677 N.Y.S.2d 779, 700 N.E.2d 318).   In any event, that contention lacks merit (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139, 495 N.Y.S.2d 332, 485 N.E.2d 997).

Determination unanimously confirmed without costs and petition dismissed.

MEMORANDUM: