Opinion
June 5, 1997
Petitioner was found guilty of violating prison disciplinary rules which prohibit participating in a demonstration, disobeying a movement regulation and refusing a direct order. We find that substantial evidence supports the determination of petitioner's guilt. An inmate may not refuse to obey a correction officers orders, even if the orders appear to be without authority or infringe upon the inmate's constitutional rights ( see, Matter of Keith v. Coombe, 235 A.D.2d 879). Petitioner's claim that he was justified in participating in the demonstration and disobeying a correction officer's orders because he feared retaliation from other inmates created a credibility determination for the Hearing Officer to resolve ( see, Matter of Crandall v. Coughlin, 219 A.D.2d 823; Matter of Tumminia v Coughlin, 175 A.D.2d 383). Furthermore, inasmuch as the Hearing Officer determined that testimony pertaining to petitioner's grievances was irrelevant to the charges against him, we reject petitioner's contention that the Hearing officer improperly denied his request to call a witness ( see, Matter of Roper v. McCoy, 227 A.D.2d 786, 787). Additionally, the record fails to support petitioner's assertion that the outcome of the hearing was the result of bias on the part of the Hearing officer ( see, Matter of Parker v. Coughlin, 211 A.D.2d 929). Petitioner's remaining contentions have been reviewed and found to be without merit.
Mikoll, J.P., White, Casey, Peters and Spain, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.