Doe v. Kelly — 142 A.D.2d 1001

Majority

p. 1001

In the Matter of Anthony Doe, Petitioner, v Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Respondents.

Determination unanimously confirmed and petition dismissed. Memorandum: The misbehavior report, prepared by a correctional officer who was a witness to the incident in question, constitutes substantial evidence that petitioner violated institutional rules prohibiting fighting and disobeying an order of facility personnel (see, People ex rel. Vega v Smith, 66 NY2d 130 ). Matters of credibility are for the Hearing Officer to resolve (see, Matter of Perez v Wilmot, 67 NY2d 615 ; Matter of Curl v Kelly, 125 AD2d 948 ). (Appeal from article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present— Dillon, P. J., Callahan, Green, Balio and Lawton, JJ.

Cases cited

People ex rel. Vega v. Smith 66 NY2d 130 N.Y. 1985-10-15 p. 1001
Perez v. Wilmot 67 NY2d 615 N.Y. 1986-01-14 p. 1001