Opinion
September 16, 1999
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Steven Rucano, Attica, petitioner in person.
Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondent.
Before: CARDONA, P.J., MIKOLL, CREW III, YESAWICH JR. and PETERS, JJ.
MEMORANDUM AND JUDGMENT
Petitioner, a prison inmate, challenges a determination finding him guilty of assaulting staff and disobeying a direct order in violation of prison disciplinary rules. The misbehavior report, written by the correction officer who was the victim of the assault, indicates that after petitioner entered the office in the messhall and began yelling obscenities because he could not find an apron, he refused the correction officer's direct orders to move from the doorway and then threw a punch at him. The misbehavior report, together with the corroborating testimony presented at the hearing, provides substantial evidence to support the determination of guilt (see, Matter of Rivera v. Goord, 253 A.D.2d 914). Any inconsistencies in the testimony merely presented a credibility issue for the Hearing Officer to resolve (see,Matter of Williams v. Coombe, 238 A.D.2d 809, lv denied 90 N.Y.2d 806;Matter of Young v. Coombe, 227 A.D.2d 799, 801).
We reject petitioner's unsupported assertion that the hearing transcript was tampered with and find it to be sufficiently complete to afford meaningful appellate review. Petitioner's remaining contentions are either unpreserved for our review or are without merit.
CARDONA, P.J., MIKOLL, CREW III, YESAWICH JR. and PETERS, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.