Opinion
March 4, 1999
Petitioner, a prison inmate, was found guilty of violating a prison disciplinary rule prohibiting inmates from organizing a demonstration after confidential information obtained during an investigation revealed that petitioner was instrumental in organizing a protest of a facility policy. Based upon our examination of the record, we find that the misbehavior report and the testimony of its author, together with the confidential information supplied for our in camera review, constitutes substantial evidence to support the determination ( see, Matter of Torres v. Goord, 242 A.D.2d 800). Contrary to petitioner's argument, "the confidential portion of the record contains objective proof from which the Hearing Officer could make his independent finding that the information relayed by the informants was reliable" ( Matter of Cooper v. Goord, 247 A.D.2d 666; see, Matter of Olave v. Goord, 251 A.D.2d 794, 795; see also, Matter of Santiago v. Hoke, 183 A.D.2d 978, 979, lv denied 80 N.Y.2d 757). The countervailing testimony presented by petitioner merely presented an issue of credibility for resolution by the Hearing Officer ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). We have considered petitioner's remaining contentions, including his claim of Hearing Officer bias, and find them to be without merit.
Cardona, P. J., Crew III, Yesawich Jr., Spain and Carpinello, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.