Opinion
December 9, 1993
Appeal from the Supreme Court, Albany County.
Upon review of the record, we find that the misbehavior report, written by an eyewitness to the altercation, provided substantial evidence to support the determination finding petitioner guilty of attempting to inflict bodily harm on another inmate. Petitioner's contrary testimony at the hearing merely provided a credibility question for respondent to resolve.
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.