Opinion
December 14, 2000.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Normond Gainey, Attica, petitioner in person.
Eliot Spitzer, Attorney-General (Alicia Ouellette of counsel), Albany, for respondent.
Before: Mercure, J.P., Crew III, Peters, Mugglin and Lahtinen, JJ.
MEMORANDUM AND JUDGMENT
The misbehavior report and testimony of its author detailing petitioner's admission that he participated in a fight with other inmates provides substantial evidence to support the determination which found him guilty of fighting (see, Matter of Faulkner v. Goord, 245 A.D.2d 935;Matter of Emmons v. Selsky, 238 A.D.2d 651). Petitioner's denial of having made the admission raised a credibility issue for the Hearing Officer to resolve (see, Matter of Lunney v. Selsky, 262 A.D.2d 835), as did the testimony of the inmate witnesses supporting petitioner's version of the incident (see, Matter of Carini v. Mann, 237 A.D.2d 761). The fact that the Hearing Officer resolved these credibility issues against petitioner does not demonstrate bias (see, Matter of Amaker v. Senkowski, 271 A.D.2d 772, lv denied 95 N.Y.2d 760). There is no basis to disturb the determination and, therefore, it must be confirmed.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.