Opinion
March 4, 1993
Appeal from the Supreme Court, Ulster County.
It has been established that a misbehavior report alone can constitute substantial evidence of an inmate's misconduct (see, Matter of Perez v. Wilmot, 67 N.Y.2d 615). Here, the report was written by the correction officer who was involved in the incident. It stated that after petitioner signed into the law library he told the correction officer he was ill and requested permission to return to his cell. Permission was granted but petitioner returned to his recreation area instead of his cell. In our view, the report was sufficiently relevant and probative to support the finding that petitioner was out of place and failed to follow staff directions regarding his movements (see, Matter of Curl v. Kelly, 125 A.D.2d 948; see also, Matter of La Boy v. LeFevre, 136 A.D.2d 815). Petitioner's contention that he had received permission to return to his cell block and that this included the recreation area merely raised questions of credibility for respondent to resolve (see, Matter of Hernandez v. LeFevre, 150 A.D.2d 954, lv denied 74 N.Y.2d 615). Finally, we find no error in respondent's refusal to call the regular law library officer as a witness. The requested witness was not on duty at the time of the incident and could shed no light on the issue of whether petitioner asked to go to his cell or to his cell block. Under these circumstances, we agree with respondent's determination that this testimony was not necessary (see, Matter of Hop Wah v. Coughlin, 162 A.D.2d 879).
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Harvey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.