Opinion
February 18, 1999
Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of refusing to obey a direct order to report to another area of the facility. Petitioner's administrative appeal of this determination was unsuccessful, prompting him to commence this CPLR article 78 proceeding. We confirm. The detailed misbehavior report combined with the testimony of its author as well as another witness provide substantial evidence to support the determination of petitioner's guilt ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Notably, petitioner, as a prison inmate, was required to promptly obey all orders even if he disagreed with them ( see, Matter of McMillian v. Goord, 252 A.D.2d 645). Furthermore, although petitioner denied that he was given a direct order and maintained that there had been a misunderstanding, 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 contentions, including his argument that the Hearing Officer was biased and that he received inadequate employee assistance, have been examined and found to be lacking in merit.
Cardona, P. J., Mercure, Peters, Spain and Graffeo, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.