IN RE: Thomas MEALER (2002)

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

 Petitioner challenges a determination finding him guilty of engaging in a sexual act and violating facility visiting procedures.   The misbehavior report relates that petitioner was observed fondling his wife's breast during a facility visit, despite having been warned about excessive physical contact on several prior occasions.   Contrary to petitioner's contention, we find that the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence to support the determination of guilt (see, Matter of Murray v. Goord, 263 A.D.2d 794, 694 N.Y.S.2d 797;  Matter of Garcia v. Goord, 261 A.D.2d 674, 690 N.Y.S.2d 169, lv. dismissed 94 N.Y.2d 834, 703 N.Y.S.2d 66, 724 N.E.2d 761).   Likewise, we reject petitioner's assertion that the penalty of 60 days' suspension of contact visitation was excessive (see, 7 NYCRR 200.5[f] ).   Petitioner's remaining arguments were not raised at the hearing and, thus, have not been preserved for our review (see, Matter of Stile v. Goord, 285 A.D.2d 693, 727 N.Y.S.2d 736).

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