Opinion
December 5, 1991
Appeal from the Supreme Court, Washington County.
As a result of a complaint by a study hall supervisor to correction personnel, petitioner was charged with verbal harassment and solicitation of sexual acts. We reject petitioner's contention that the determination finding him guilty of these charges was not supported by substantial evidence. The study hall supervisor testified in detail as to the circumstances surrounding the event, which involved petitioner handing her a sexually explicit note. This testimony, coupled with the misbehavior report and the other testimony taken at the hearing, constituted substantial evidence to support the determination of guilt (see, People ex rel. Vega v Smith, 66 N.Y.2d 130, 139; Matter of Johnson v Coughlin, 157 A.D.2d 991, 992). As to any conflicting testimony presented by petitioner and his witnesses, this merely presented a credibility question for the Hearing Officer to resolve (see, Matter of Hernandez v LeFevre, 150 A.D.2d 954, lv denied 74 N.Y.2d 615). We have considered petitioner's remaining contentions and find them lacking in merit.
Casey, J.P., Weiss, Levine, Mercure and Crew III, JJ., concur. Adjudged that the determination is confirmed, and petition dismissed, without costs.