Opinion
November 12, 1999
PRESENT: DENMAN, P. J., HAYES, HURLBUTT, SCUDDER AND BALIO, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner was found guilty following a Tier III hearing of violating various inmate rules. The determination is supported by substantial evidence (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139), and any discrepancy between the misbehavior report and the testimony of the correction officer who authored the misbehavior report raised a credibility issue for the Hearing Officer to resolve (see, e.g., Matter of Hooper v. Goord, 248 A.D.2d 987). Petitioner further contends that the Hearing Officer did not act in a fair and impartial manner. That contention was not raised on administrative appeal, and thus petitioner failed to exhaust his administrative remedies with respect to it (see, Matter of Nelson v. Coughlin, 188 A.D.2d 1071, appeal dismissed 81 N.Y.2d 834). CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.