Opinion
June 9, 1995
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Pine, J.P., Fallon, Doerr, Balio and Boehm, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination that petitioner, an inmate at Attica Correctional Facility, violated inmate rule 107.11 ( 7 NYCRR 270.2 [B] [8] [ii]) on two occasions is supported by substantial evidence. The inmate misbehavior report described each incident in detail, and each report was authored by an eyewitness (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966; Matter of Perez v. Wilmot, 67 N.Y.2d 615, 616-617). Petitioner's denial and contrary testimony raised a credibility issue, and the Hearing Officer was entitled to credit the statements made in each misbehavior report (see, Matter of Perez v. Wilmot, supra, at 617). The contention that petitioner was denied his right to a fair and impartial Hearing Officer is devoid of merit.