Opinion
November 13, 1998
Appeal from the Supreme Court, Orleans County, Punch, J.
Present — Pine, J. P., Hayes, Wisner and Boehm, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner was found guilty after a Tier II hearing of violating inmate rules 106.10 ( 7 NYCRR 270.2 [B] [7] [i] [refusing to obey a direct order]) and 109.12 ( 7 NYCRR 270.2 [B] [10] [iii] [movement violation]). The determination of the Hearing Officer is supported by substantial evidence ( see, Matter of Perez v. Wilmot, 67 N.Y.2d 615, 616). The contention of petitioner that the charges were brought against him to retaliate for the filing of a complaint or grievance against a correction officer presented an issue of credibility for the Hearing Officer to resolve ( see, Matter of Bramble v. Mead, 242 A.D.2d 858, 858-859, lv denied 91 N.Y.2d 803).
We reject the contention of petitioner that he did not receive a fair and impartial hearing. The Hearing Officer did not deny petitioner the right to explain his version of the incident, and there is no evidence in the record that the Hearing Officer was biased or that the outcome of the hearing flowed from such bias ( see, Matter of Hooper v. Goord, 247 A.D.2d 884). We have examined petitioner's remaining contentions and conclude that they lack merit.