Opinion
89934
December 20, 2001.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Miguel Naut, Marcy, petitioner pro se.
Eliot Spitzer, Attorney-General (Nancy A. Spiegel of counsel), Albany, for respondent.
Before: Cardona, P.J., Mercure, Crew III, Carpinello and, Mugglin, JJ.
MEMORANDUM AND JUDGMENT
Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules prohibiting assault, fighting and engaging in violent conduct. We find that the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence to support the determination of guilt (see, Matter of Kalid v. Farrell, 284 A.D.2d 603). Although petitioner claims that he was not involved in the assault, this created a credibility issue that the Hearing Officer was entitled to resolve against petitioner (see, Matter of Washington v. Selsky, 271 A.D.2d 798; Matter of Nieves v. Selsky, 263 A.D.2d 795, 796). Petitioner's remaining contentions are unpreserved for our review.
Cardona, P.J., Mercure, Crew III, Carpinello and Mugglin, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.