Opinion
November 1, 1990
Appeal from the Supreme Court, Clinton County.
The correction officer's misbehavior report and his testimony were based on his firsthand observations that petitioner refused a direct order and possessed a weapon and any questions of credibility were for the Hearing Officer to resolve (see, Matter of Hernandez v. LeFevre, 150 A.D.2d 954, lv. denied 74 N.Y.2d 615). Under the circumstances, the determination of guilt is supported by substantial evidence and therefore must be upheld (see, Matter of De Torres v. Coughlin, 135 A.D.2d 1068, lv. denied 72 N.Y.2d 801). Furthermore, there is no merit to petitioner's claim that the misbehavior report provided him with insufficient notice of the specifics of the charges against him (see, Matter of Vogelsang v. Coombe, 105 A.D.2d 913, affd. 66 N.Y.2d 835).
Determination confirmed, and petition dismissed, without costs. Kane, J.P., Weiss, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.