Opinion
April 3, 1997
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.
Petitioner was found guilty of violating the prison disciplinary rules that prohibit creating a disturbance, harassment and refusing to obey a direct order. The record contains substantial evidence in support of this determination. Adduced in evidence at petitioner's disciplinary hearing was a detailed misbehavior report as well as the testimony of the correction officer who had witnessed the conduct in question ( see, Matter of Foster v Coughlin, 76 N.Y.2d 964, 966). That the testimony of petitioner and that of his inmate witnesses was in conflict therewith presented an issue of credibility for the Hearing Officer's determination ( see, id.).
Although the disciplinary proceeding was not concluded within 14 days of the writing of the misbehavior report, it was not untimely concluded as it was adjourned beyond the 14-day period to obtain the testimony of petitioner's witness ( see, Matter of Kron v. Coombe, 233 A.D.2d 641; Matter of Jones v. Selsky, 223 A.D.2d 990, 991).
Crew III, J.P., White, Peters, Spain and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.