Opinion
September 21, 2000.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
David Torres, Collins, petitioner in person.
Eliot Spitzer, Attorney-General (Lew A. Millenbach of counsel), Albany, for respondent.
Before: Cardona, P.J., Crew III, Graffeo, Mugglin and Rose, JJ.
MEMORANDUM AND JUDGMENT
Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit inmates from assaulting staff, disobeying a direct order and refusing a search and frisk. The misbehavior report, written by the correction officer who was the victim of the assault, relates that petitioner became agitated during a frisk and while patting petitioner's right arm, he hit the correction officer in the face with his elbow. The detailed misbehavior report, together with corroborating testimony from other correction officers in the vicinity and petitioner's admission, provide substantial evidence to support the determination of guilt (see, Matter of Rivera v. Mantello, 228 A.D.2d 721). Any conflict in testimony presented a credibility issue for resolution by the Hearing Officer (see, Matter of Watson v. Morse, 260 A.D.2d 772).
We also reject petitioner's assertion that he was denied due process by the failure of other correction officers who were peripherally involved in the incident to endorse the misbehavior report or author their own (see, 7 NYCRR 251-3.1) inasmuch as petitioner has failed to establish any prejudice resulting therefrom (see, Matter of Moore v. Goord, 271 A.D.2d 448, ___, 705 N.Y.S.2d 394, 395, lv denied ___ N.Y.2d ___ [July 6, 2000]). Petitioner's remaining contentions have been reviewed and found to be without merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.