Opinion
April 20, 1998
Adjudged that the determination is confirmed and the proceeding is dismissed, on the merits, without costs or disbursements.
Contrary to the petitioner's contentions, Correction Officer Bissonette's testimony, along with the "Inmate Misbehavior Report", constituted substantial evidence adequate to support the determination that the petitioner was guilty of the charge against him ( see, Matter of Bryant v. Coughlin, 77 N.Y.2d 642, 647; People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139; Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Issues of credibility were within the province of the Hearing Officer, as the trier of fact, to resolve, and we find no reason to disturb the determination ( see, Matter of Oro v. Keane, 211 A.D.2d 796).
The petitioner's claim of inadequate inmate assistance is not supported by the record ( see, Matter of Coniglio v. Mitchell, 198 A.D.2d 565; Matter of Woods v. Coughlin, 154 A.D.2d 541). Further, his contention that the Hearing Officer was biased is equally without merit ( see, Matter of Williams v. Coombe, 238 A.D.2d 809; Matter of Irby v. Kelly, 161 A.D.2d 860; Matter of Martinez v. Scully, 194 A.D.2d 679).
Pizzuto, J.P., Joy, Krausman and Florio, JJ., concur.