Opinion
April 9, 1998
Petitioner was found guilty of violating the prison disciplinary rules that prohibit extortion and threatening violence against an inmate. This determination was supported by substantial evidence including the misbehavior report and the confidential testimony reviewed by this Court in camera (see, Matter of Garrett v. Selsky, 228 A.D.2d 758, 759). The countervailing testimony presented by petitioner presented an issue of credibility for resolution by the Hearing Officer (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Petitioner's remaining contentions, including his assertions that his due process and regulatory rights were violated, have been reviewed and found to be either without merit or unpreserved for our review.
Mercure, J.P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.