Opinion
November 12, 1999
Appeal from Judgment of Monroe County Court, Maloy, J. — Criminal Sale Controlled Substance, 3rd Degree.
PRESENT: DENMAN, P. J., GREEN, PINE, SCUDDER AND CALLAHAN, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner challenges a determination finding him guilty of violating inmate rules 104.11 ( 7 NYCRR 270.2 [B] [5] [ii] [engaging in conduct that is violent or that threatens violence]); 102.10 ( 7 NYCRR 270.2 [B] [3] [i] [making threats]); and 107.11 ( 7 NYCRR 270.2 [B] [8] [ii] [harassing employees]). We reject petitioner's contention that the determination is not supported by substantial evidence. A detailed misbehavior report forth the reporting officer's observations constitutes substantial evidence of the misconduct described therein (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966; Matter of Perez v. Wilmot, 67 N.Y.2d 615, 616-617). Petitioner's denials before the Hearing Officer presented a credibility issue for the Hearing Officer to resolve (see, Matter of Foster v. Coughlin, supra, at 966; Matter of Polite v. Goord, 258 A.D.2d 795).