Opinion
March 13, 1998
Appeal from the Supreme Court, Wyoming County, Dadd, J.)
Present — Pine, J. P., Hayes, Callahan, Balio and Boehm, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination that petitioner violated inmate rules 113.10 ( 7 NYCRR 270.2 [B] [14] [i]) and 113.11 ( 7 NYCRR 270.2 [B] [14] [ii]) is supported by the misbehavior report, which states that, during a search of petitioner's cell, the correction officer who wrote the misbehavior report found a metal crossbar wedged inside a desk. That evidence is sufficient to give rise to a reasonable inference that petitioner knowingly possessed a weapon (see, Matter of Hawkins v. Coombe, 225 A.D.2d 1095, 1096; Matter of Torres v. Coughlin, 213 A.D.2d 861). The testimony of petitioner that he did not know that the crossbar was there presented an issue of credibility for the Hearing Officer to resolve (see, Matter of Hay v. Coombe, 229 A.D.2d 1015, lv denied 88 N.Y.2d 816).
Finally, the record establishes that the Hearing Officer conducted the hearing in a fair and impartial manner, and there is no evidence that he was biased or that the outcome of the hearing flowed from any bias (see, Matter of Parker v. Coughlin, 211 A.D.2d 929; Matter of Martinez v. Scully, 194 A.D.2d 679).