Opinion
April 8, 1988
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Doerr, J.P., Denman, Boomer, Pine and Davis, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: Petitioner's contention that the Hearing Officer's decision was not supported by substantial evidence is without merit; whether petitioner was the inmate who assaulted the correction officer was a matter of credibility for the Hearing Officer's determination (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139; Matter of Curl v. Kelly, 125 A.D.2d 948). Further, there is no merit to petitioner's claim that his due process rights were violated by the failure to notify him of the possible range of penalties that could be imposed against him (Matter of Coleman v. Kelly, 130 A.D.2d 976, appeal dismissed and lv granted 70 N.Y.2d 733), nor do we find petitioner's penalty excessive in view of the serious nature of the offense (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222).