Opinion
August 13, 1992
Appeal from the Supreme Court, New York County [Jacqueline Silbermann, J.].
Following a hearing, petitioner was found guilty of using unreasonable force on a prison inmate. Viewing the record as a whole, we find this determination to be supported by substantial evidence (Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443). The question of who initiated the altercation raised an issue of credibility as to which a reviewing court should not substitute its judgment for that of the Hearing Officer (supra). We have reviewed petitioner's other contentions and find them to be without merit.
Concur — Sullivan, J.P., Rosenberger, Asch, Kassal and Rubin, JJ.