Opinion
October 7, 1992
Appeal from the Supreme Court, Erie County, Rath, Jr., J.
Present — Denman, P.J., Balio, Lawton, Fallon and Davis, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: The credibility of the eyewitness inmate's testimony regarding the assault of a fellow inmate was a matter for the Hearing Officer to resolve (see, Matter of Blyden v Mantello, 176 A.D.2d 1243; Matter of James v Coughlin, 170 A.D.2d 980). That testimony, which was credited by the Hearing Officer, constituted substantial evidence in support of the determination. Petitioner failed to preserve for review his remaining contentions that the inmate misbehavior report was not timely filed and was defective because it failed to provide a sufficient description of the event and lacked a sufficient endorsement (see, Matter of Benitez v Coughlin, 159 A.D.2d 986; Matter of Samuels v Kelly, 143 A.D.2d 506, lv denied 73 N.Y.2d 707). Moreover, the issues are devoid of merit.