Opinion
June 25, 1998
Petitioner was found guilty of violating prison disciplinary rules which prohibit inmates from fighting and engaging in violent conduct in a group. The misbehavior report, the videotape of the incident and the testimony of the correction officer who observed petitioner participating in a melee in the prison yard provide substantial evidence to support the determination of guilt ( see, Matter of Collazo v. Coombe, 235 A.D.2d 654; Matter of Ruffin v. Coombe, 233 A.D.2d 729). Petitioner's exculpatory testimony merely created a credibility issue which the Hearing Officer was entitled to resolve against him ( see, Matter of Rodriguez v. Coombe, 238 A.D.2d 691, 692). We have reviewed petitioner's remaining contentions — including that the misbehavior report was deficient and that the Hearing Officer was biased — and find them to be either unpreserved for our review or lacking in merit.
Mercure, J. P., Yesawich Jr., Spain, Carpinello and Graffeo, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.