Opinion
September 14, 1998
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
Contrary to the petitioner's contention, the misbehavior report provided substantial evidence to support the determination finding him guilty of creating a disturbance, refusing a direct order and making threats ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964; Matter of Perez v. Wilmot, 67 N.Y.2d 615; People ex rel. Vega v. Smith, 66 N.Y.2d 130; Matter of Billups v. Artuz, 228 A.D.2d 587). To the extent that the petitioner and the inmate witnesses disputed the Corrections Officer's statements in his report, this presented an issue of credibility, which was in the Hearing Officer's discretion to resolve ( see, Matter of Perez v. Wilmot, supra, at 617; Matter of Vargas v. Strack, 220 A.D.2d 675).
The petitioner's remaining contentions are without merit.
Bracken, J.P., Thompson, Pizzuto and Altman, JJ., concur.