Opinion
Submitted June 12, 2000
August 30, 2000.
Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Correctional Services, dated September 4, 1998, which confirmed the determination of a hearing officer, dated July 1, 1998, made after a hearing, finding the petitioner guilty of a charge of possessing a weapon, and imposed a penalty.
Thomas Riley, Stormville, N.Y., petitioner pro se.
Eliot Spitzer, Attorney-General, New York, N.Y. (Edward Johnson and Thomas B. Litsky of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
The record does not support the petitioner's claim of bias (see, Matter of Hughes v. Suffolk Co. Dept. of Civil Serv., 74 N.Y.2d 833, 834, as amended 74 N.Y.2d 942; Matter of Wood v. Cosgrove, 237 A.D.2d 616). Furthermore, the hearing testimony, along with the misbehavior report, constituted substantial evidence to support the determination (see, Matter of Abdur-Raheem v. Mann, 85 N.Y.2d 113, 117; Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966; People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139; Rivera v. Selsky, 266 A.D.2d 295). Issues of credibility are primarily within the province of the hearing officer as the trier of fact, and we find no reason to disturb the determination (see, Rivera v. Selsky, supra).
The petitioner's remaining contentions lack merit.