IN RE: Erick KROSS (2000)

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

 Petitioner entered pleas of guilty to the charges of violent conduct and fighting (see, Matter of Chujoi v. Selsky, 272 A.D.2d 801, 708 N.Y.S.2d 921, lv. denied 95 N.Y.2d 762, 715 N.Y.S.2d 215, 738 N.E.2d 363), and he does not challenge the evidentiary support for the finding that he refused to obey a direct order.   By failing to register an appropriate objection at the hearing, petitioner waived his claims that he was denied the right to call witnesses (see, Matter of Russo v. Goord, 264 A.D.2d 889, 890, 696 N.Y.S.2d 88), that he was denied due process (see, Matter of Barakat v. Goord, 271 A.D.2d 776, 707 N.Y.S.2d 509), that he was denied adequate assistance (see, Matter of Pagan v. Selsky, 262 A.D.2d 683, 692 N.Y.S.2d 477) and that the misbehavior report was insufficient (see, Matter of Feliciano v. Selsky, 263 A.D.2d 810, 811, 694 N.Y.S.2d 798).   With regard to petitioner's challenge to the penalty, which included one year in the special housing unit and the loss of one year of good time, we find that the penalty is not so disproportionate to the offenses as to shock one's sense of fairness (see, Matter of Wilkinson v. Coombe, 242 A.D.2d 834, 835, 662 N.Y.S.2d 409).

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

MEMORANDUM DECISION.