Opinion
November 9, 2000.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Scott Kennedy, Malone, petitioner in person.
Eliot Spitzer, Attorney-General (Nancy A. Spiegel of counsel), Albany, for respondent.
Before: Mercure, J.P., Crew III, Spain, Carpinello and Rose, JJ.
MEMORANDUM AND JUDGMENT
Petitioner challenges a determination finding him guilty of violating prison disciplinary rules that prohibit inmates from engaging in violent conduct, creating a disturbance, assaulting other inmates and refusing a direct order. Contrary to petitioner's contention, the misbehavior report, as well as the eyewitness testimony of its author, provide substantial evidence of petitioner's guilt (see, Matter of Johnson v. Selsky, 271 A.D.2d 770, 770-771). To the extent that petitioner's testimony conflicted with the other evidence at the hearing, this created a credibility issue for resolution by the Hearing Officer (see, Matter of Acevedo v. Superintendent of Elmira Correctional Facility, 265 A.D.2d 763). Petitioner's remaining contentions, to the extent that they have been preserved for our review, have been examined and found to be without merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.