— Proceeding pursuant to CPLR article 78 to review a determination of the respondent, William E. Phillips, Superintendent of Green Haven Correctional Facility, dated September 14, 2003, which affirmed a determination of a hearing officer, made after a Tier II disciplinary hearing, finding the petitioner guilty of violating prison disciplinary rules, and imposing a penalty.
This proceeding was improperly transferred to this Court by the Supreme Court, Dutchess County, pursuant to CPLR 7804 (g) (see Thurman v Holahan, 123 AD2d 687 [1986]). However, we will retain jurisdiction and decide this case on the merits (see Matter of Giano v Coughlin, 162 AD2d 986 [1990]; Matter of Portugal v Webb, 91 AD2d 997, 998 [1983]).
Contrary to the petitioner’s contention, there is no evidence in the record that the hearing officer who made the disciplinary determination was biased against him (see Matter of Johnson v Selsky, 14 AD3d 755 [2005]; Matter of Martinez v Scully, 194 AD2d 679 [1993]).
The petitioner’s remaining contentions were not raised upon the administrative appeal and therefore are unpreserved for judicial review. H. Miller, J.P., Ritter, Mastro and Lifson, JJ., concur.