Opinion
October 1, 1999
Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Attempted Sodomy, 1st Degree.
Determination unanimously confirmed without costs and petition dismissed.
Memorandum:
The misbehavior report, augmented by the testimony of its author, constitutes substantial evidence supporting the determination that petitioner violated various inmate rules (see, Matter of Bryant v. Coughlin, 77 N.Y.2d 642, 647; People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139). The contention of petitioner that the charges were brought against him in retaliation for grievances filed against the correction officer who signed the misbehavior report presented an issue of credibility for the Hearing Officer (see, Matter of Bramble v. Mead, 242 A.D.2d 858, 858-859, lv denied 91 N.Y.2d 803). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Jefferson County, Gilbert, J.)
PRESENT: PINE, J. P., LAWTON, WISNER, HURLBUTT AND BALIO, JJ.