Opinion
February 18, 1999
Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules prohibiting fighting, assaulting other inmates and engaging in violent conduct. According to the misbehavior report, Correction Officer Joanne Clodgo witnessed petitioner, while involved in a violent altercation involving numerous other inmates, strike a then-unknown inmate in the face and then smash his head into a table. Contrary to petitioner's contention, we find that the misbehavior report and the testimony of Clodgo provide substantial evidence of petitioner's guilt ( see, Matter of Farid v. Coombe, 236 A.D.2d 660). Although petitioner and another inmate witness disputed some of Clodgo's testimony, this merely raised a credibility issue for the Hearing Officer to resolve ( see, Matter of De La Rosa v. Portuondo, 247 A.D.2d 810, 811). Petitioner's remaining arguments, including his allegations of Hearing Officer bias, have been examined and found to be similarly lacking in merit.
Mercure, J. P., Crew III, Spain, Carpinello and Graffeo, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.