IN RE: Paul MASSARD (1999)

Proceeding pursuant to CPLR article 78 to review a determination of the respondent, the Superintendent of the Sing Sing Correctional Facility, dated April 1, 1997, as modified on June 19, 1997, made after a hearing, by the Director of the Special Disciplinary Program, finding the petitioner guilty of fighting and participating in a demonstration and imposing a penalty.

ADJUDGED that the determination, as modified, is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

 The petitioner's claim that he did not receive adequate notice as to one of the rules he was found guilty of violating was not raised at the hearing, and, thus, was waived (see, Matter of Hopkins v. Blum, 58 N.Y.2d 1011, 461 N.Y.S.2d 1013, 448 N.E.2d 798;  Matter of Rogers v. Mitchell, 194 A.D.2d 1059, 599 N.Y.S.2d 646;  Matter of Wyche v. Coughlin, 191 A.D.2d 945, 594 N.Y.S.2d 909).

 Contrary to the petitioner's contentions, the misbehavior report, the “unusual incident report” read into the record at the petitioner's request, and the petitioner's testimony constituted substantial evidence sufficient to support the determination that the petitioner was guilty of fighting and participating in a demonstration (see, Matter of Bryant v. Coughlin, 77 N.Y.2d 642, 569 N.Y.S.2d 582, 572 N.E.2d 23;  Matter of Foster v. Coughlin, 76 N.Y.2d 964, 563 N.Y.S.2d 728, 565 N.E.2d 477;  Matter of Perez v. Wilmot, 67 N.Y.2d 615, 499 N.Y.S.2d 659, 490 N.E.2d 526;  People ex rel. Vega v. Smith, 66 N.Y.2d 130, 495 N.Y.S.2d 332, 485 N.E.2d 997;  Matter of Henry v. Coughlin, 214 A.D.2d 673, 625 N.Y.S.2d 578;  Matter of Hop Wah v. Coughlin, 160 A.D.2d 1054, 553 N.Y.S.2d 886).

The petitioner's claim that he was deprived of his right to call a witness is not supported by the record.

MEMORANDUM BY THE COURT.