Opinion
February 1, 1991
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Doerr, J.P., Boomer, Green, Pine and Davis, JJ.
Determinations unanimously confirmed and petition dismissed. Memorandum: The determinations that petitioner violated institutional rules on May 20, 1989 and July 6, 1989 are supported by substantial evidence contained in the misbehavior reports of each incident (see, People ex rel. Vega v Smith, 66 N.Y.2d 130). The testimony of petitioner and his witnesses raised issues of credibility which were for the Hearing Officer to resolve (see, Matter of Foster v Coughlin, 76 N.Y.2d 964; Matter of Perez v Wilmot, 67 N.Y.2d 615). Petitioner's contention that the Hearing Officer was not fair and impartial in his conduct of the second hearing was not preserved for review (see, Matter of Benitez v Coughlin, 159 A.D.2d 986, 987) and lacks merit in any event.