Opinion
April 19, 1996
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Pine, J.P., Wesley, Callahan, Doerr and Boehm, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: We reject the argument of petitioner that he was denied the right to call a witness at the disciplinary hearing. The record does not establish that petitioner requested the testimony of that witness at the disciplinary hearing ( see, Matter of Gomez v. Coughlin, 140 A.D.2d 902, 904).
The determination that petitioner violated inmate rule 113.10 ( 7 NYCRR 270.2 [B] [14] [i]), prohibiting possession of a weapon by an inmate, is supported by substantial evidence. Petitioner's denial of the charge raised an issue of credibility, which the Hearing Officer resolved against petitioner ( see, Matter of Perez v. Wilmot, 67 N.Y.2d 615, 617).