Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
On July 16, 1996, petitioner, while an inmate at Clinton Correctional Facility in Clinton County, was served with four misbehavior reports charging him with two violations of the prison disciplinary rule prohibiting assault on staff and two instances of refusing direct orders from correction officers to vacate his cell. The misbehavior reports were authored by four of the correction officers who physically removed petitioner from his cell after he hit two of them with a cane. Petitioner refused to attend the subsequent tier III hearing
We confirm. Contrary to petitioner’s argument, the determination of guilt is supported by substantial evidence in the record. The clear and detailed misbehavior reports authored by
Finally, we conclude that petitioner’s disciplinary hearing was properly held in his absence. Unlike the situation in Matter of Hakeem v Coombe (233 AD2d 805), here, the Hearing Officer inquired further into petitioner’s alleged incapacity and reasonably determined that there was no documented medical reason to prevent petitioner from appearing at the hearing.
Cardona, P. J., Crew III, White and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Petitioner stated that he would not appear because of an alleged physical impairment; however, a facility nurse testified that there was no medical documentation to support petitioner’s claim of incapacity.
