Opinion
April 2, 1992
Appeal from the Supreme Court, Washington County.
The misbehavior report, which was written by the correction officer who witnessed the incident, states that he saw petitioner strike another inmate in the head and that later petitioner caught the fleeing inmate, knocked him to the ground and made a slashing motion toward the inmate's chest. The report described the incident with sufficient specificity, was written on the same day as the incident and was signed by the correction officer; it therefore alone constituted substantial evidence to support the finding of guilt (see, Matter of Bernacet v Coughlin, 145 A.D.2d 802, lv denied 74 N.Y.2d 603). Petitioner's denial of the charges and his claim that he was actually trying to help the inmate, who he asserted was a longtime friend, raised questions of credibility for the Hearing Officer to resolve (see, Matter of Esteves v Coughlin, 157 A.D.2d 895). We have considered and rejected petitioner's remaining contentions as lacking in merit.
Weiss, P.J., Crew III, Mahoney, Casey and Harvey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.