Opinion
March 4, 1999
Following a tier II disciplinary hearing petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule prohibiting the starting of a fire after a correction officer witnessed him using his cigarette to ignite a napkin. Contrary to petitioner's contention, we find that the misbehavior report and the testimony of its author, the correction officer who witnessed the event and extinguished the smoldering napkin, provide substantial evidence of petitioner's guilt ( see, Matter of Farid v. Coombe, 236 A.D.2d 660). Although petitioner and his witness testified to the contrary, this merely raised a credibility issue for the Hearing Officer to resolve ( see, Matter of De La Rosa v. Portuondo, 247 A.D.2d 810, 811). Petitioner's remaining argument has been examined and found to be similarly lacking in merit.
Mikoll, J. P., Mercure, Crew III, Spain and Carpinello, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.