Opinion
September 4, 1997
Appeal from the Supreme Court, Chemung County.
Petitioner was found guilty of violating the prison disciplinary rules which prohibit disobeying a direct order and harassment. The detailed misbehavior report, corroborated by testimony of various witnesses at the hearing, provides substantial evidence to support the determination of petitioner's guilt ( see, Matter of Rizzuto v. Coombe, 225 A.D.2d 961, 962). The record fails to support petitioner's contention that the misbehavior report was in retaliation for complaints he filed against the author of the misbehavior report ( see, Matter of Gill v. Selsky, 240 A.D.2d 831). In any event, petitioner's contention of retaliation merely presented a credibility issue for the Hearing Officer to resolve ( see, Matter of Thornhill v. Selsky, 241 A.D.2d 631). We find petitioner's remaining contentions to be unpersuasive.
Cardona, P.J., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.