Opinion
July 12, 1989
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Dillon, P.J., Callahan, Green, Balio and Lawton, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: Petitioner's sole claim in this proceeding is that the Hearing Officer's determination was not supported by substantial evidence. Whether petitioner, an inmate at Attica Correctional Facility, refused to submit to a urinalysis test was a matter of credibility for the Hearing Officer (Matter of Perez v Wilmot, 67 N.Y.2d 615; Matter of Summer v Kelly, 139 A.D.2d 972, lv denied 72 N.Y.2d 804), and there was substantial evidence to support the Officer's determination.