IN RE: Hasan RAQIYB (2005)

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 Superintendent of Wende Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, an inmate, was charged in a misbehavior report with violating the prison disciplinary rule prohibiting smuggling after a strip frisk revealed a note in his underwear.   Following a tier II disciplinary hearing, petitioner was found guilty of the charge and the determination was affirmed on administrative appeal, prompting this CPLR article 78 proceeding.

 We confirm.   The misbehavior report and petitioner's admission that he hid a note in his underwear while moving from one part of facility to the other provide substantial evidence to support the determination of guilt (see 7 NYCRR 270.2[B][15][i];  Matter of Gee v. Goord, 21 A.D.3d 636, 637, 800 N.Y.S.2d 775 [2005];  Matter of De Matteis v. Selsky, 19 A.D.3d 958, 959, 797 N.Y.S.2d 642 [2005], lv. denied 5 N.Y.3d 717, 808 N.Y.S.2d 141, 842 N.E.2d 27 [Nov. 22, 2005] ).   Moreover, in light of petitioner's argumentative and uncooperative behavior during the hearing, the record supports the Hearing Officer's determination to remove him from the remainder of the hearing based on “correctional goals” (7 NYCRR 254.6[a][2];  see Matter of Polanco v. Bennett, 6 A.D.3d 846, 846, 773 N.Y.S.2d 911 [2004];  Matter of Beckles v. Selsky, 273 A.D.2d 584, 585, 710 N.Y.S.2d 552 [2000], lv. denied 95 N.Y.2d 764, 716 N.Y.S.2d 38, 739 N.E.2d 294 [2000] ).

We have reviewed petitioner's remaining contentions and find that they are either unpreserved for our review or lacking in merit.

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