Petitioner has failed to support his claim that there was a violation of 7 NYCRR 253.1 (b); the person who prepared the misbehavior report neither acted as a Hearing Officer nor does it appear that he took part in the deliberations. Furthermore, the misbehavior report provided substantial evidence to support the determination that petitioner disobeyed a direct order and was out of place. We have examined petitioner's remaining contention and find it lacking in merit.
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