Opinion
September 14, 2000.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Alton Bell, Lyon Mountain, petitioner in person.
Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondent.
Before: Mercure, J.P., Crew III, Peters, Mugglin and Lahtinen, JJ.
MEMORANDUM AND JUDGMENT
Following a tier II hearing, petitioner was found guilty of failing to obey direct orders from a correction officer and a sergeant not to wear his "do-rag" in unauthorized areas. The detailed misbehavior report authored by the correction officer who witnessed petitioner's refusal to obey the direct orders provides substantial evidence of petitioner's guilt (see, Matter of Daum v. Goord, ___ A.D.2d ___, 711 N.Y.S.2d 212). Petitioner's contention that he was on his way to the lavatory, the area where petitioner was authorized to wear his "do-rag", raised a credibility issue properly resolved by the Hearing Officer (see, Matter of Pica v. Selsky, ___ A.D.2d ___, 711 N.Y.S.2d 215). Petitioner's remaining contentions have been examined and found to be without merit.
A "do-rag" is a handkerchief or bandana tied around and over the head.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.