Opinion
July 3, 1997
Appeal from the Supreme Court, St. Lawrence County.
Petitioner was found guilty of violating the prison disciplinary rule prohibiting harassment. Included in the evidence presented at petitioner's disciplinary hearing was a misbehavior report relating that petitioner had interrupted a correction officer who was giving instructions on the use of the facility's law library by stating, "I am getting tired of your shit, this is our library." The misbehavior report, authored by the correction officer in question, was sufficiently detailed and probative to constitute, by itself, substantial evidence of petitioner's guilt ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). That petitioner denied having made the statement merely raised an issue of credibility for resolution by the Hearing Officer ( see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444). Petitioner's remaining contentions have been examined and found to be either without merit or unpreserved for our review.
Mikoll, J. P., Mercure, White, Casey and Peters, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.