Opinion
July 12, 1996
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Lawton, J.P., Wesley, Doerr, Davis and Boehm, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination that petitioner violated inmate rules 113.10 ( 7 NYCRR 270.1 [B] [14] [i]), prohibiting the possession of contraband that may be classified as a weapon, and 116.10 ( 7 NYCRR 270.2 [B] [17] [i]), prohibiting the destruction of State property, is supported by substantial evidence ( see, Matter of Bryant v. Coughlin, 77 N.Y.2d 642, 647).
The contention of petitioner that there is insufficient evidence that the ripped sheets found inside his "pack up" bag in his cube are not State property is not before us. By failing to raise that issue either in his Tier III hearing or on his administrative appeal, petitioner has failed to exhaust his administrative remedies with respect to it ( see, Matter of Nelson v. Coughlin, 188 A.D.2d 1071, appeal dismissed 81 N.Y.2d 834). In any event, that contention lacks merit.
The contraband, consisting of one blunt and two sharpened metal rods, was found inside a leg of a chair located in petitioner's cube. That evidence "is sufficient to give rise to a reasonable inference of petitioner's possession of [contraband that may be classified as weapons], an inference which is not defeated by the fact that other inmates had access to [that] area" ( Matter of Torres v. Coughlin, 213 A.D.2d 861; see, Matter of Hawkins v Coombe, 225 A.D.2d 1095). Petitioner's denial of any knowledge of either the contraband or the ripped sheets presented an issue of credibility for the Hearing Officer ( see, Matter of Hawkins v Coombe, supra; Matter of Rouse v. Coughlin, 219 A.D.2d 858, lv denied 87 N.Y.2d 806).