Opinion
November 10, 1987
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Dillon, P.J., Denman, Balio, Lawton and Davis, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: The record supports the court's determination that petitioner, an inmate at Attica Correctional Facility, was not deprived of an employee assistant prior to his disciplinary hearing. Moreover, petitioner has failed to demonstrate that any lack of assistance may have deprived him of due process (see, Matter of Wright v. Scully, 124 A.D.2d 805; Matter of Valles v Smith, 116 A.D.2d 1002, revd on other grounds 69 N.Y.2d 677).
The written misbehavior report by itself constituted substantial evidence (People ex rel. Vega v. Smith, 66 N.Y.2d 130). The essential issue at the hearing was credibility, and the Hearing Officer was entitled to credit the charging officer's report (Matter of Curl v. Kelly, 125 A.D.2d 948).