Opinion
November 20, 1997
Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from refusing to obey a direct order. The misbehavior report stated that on November 1, 1996, petitioner had refused to obey two of the three directives given to him by a civilian teacher. Although petitioner testified that he had immediately complied with the teacher's first order, this conflicting testimony merely presented a credibility issue for the Hearing Officer to decide ( see, Matter of Foster v Coughlin, 76 N.Y.2d 964, 966; Matter of Robles v. Selsky, 231 A.D.2d 818, 819). In our view, the misbehavior report was "`sufficiently relevant and probative'" to support the finding of guilt ( Matter of Foster v. Coughlin, supra, at 966, quoting Matter of Perez v. Wilmot, 67 N.Y.2d 615, 616-617).
Cardona, P. J., Crew III, White, Peters and Carpinello, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.