Farrakhan v. Selsky

*686Petitioner was found guilty of violating the prison disciplinary rule that prohibits lewd exposure. He challenges the determination of his guilt on the ground that, inter alia, it was not based upon substantial evidence. We disagree. We find that the detailed misbehavior report, as well as the testimony of two correction officers who were eyewitnesses to the conduct in question, constitute substantial evidence of petitioner’s guilt (see, Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Aguilera v Stinson, 233 AD2d 628).

Due to his failure to assert the issue of Hearing Officer bias at…