Opinion
March 13, 1998
Present — Lawton, J. P., Hayes, Wisner, Boehm and Fallon, JJ.
CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: The detailed misbehavior report authored by a correction officer who observed the incident and cosigned by another correction officer, together with the testimony of petitioner and three correction officers at the disciplinary hearing, constitutes substantial evidence to support respondent's determination that petitioner violated inmate rule 113.12 ( 7 NYCRR 270.2 [B] [14] [iii]), prohibiting possession of a controlled substance (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966; Matter of Rouse v. Coughlin, 219 A.D.2d 858, lv denied 87 N.Y.2d 806). Petitioner's denial of wrongdoing and assertion that it "defies all logic" to believe that petitioner would have attempted to discard the contraband presented an issue of credibility for the Hearing Officer to resolve (see, Matter of Foster v. Coughlin, supra, at 966; Matter of Rouse v. Coughlin, supra).