Majority
p. 1011In the Matter of Gregory Walker, Petitioner, v Thomas A. Coughlin, as Commissioner of the Department of Correctional Services, et al., Respondents.
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 NY2d 615 ; Matter of Summer v Kelly, 139 AD2d 972 , Iv denied 72 NY2d 804 ), and there was substantial evidence to support the Officer’s determination. (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
- Perez v. Wilmot 67 NY2d 615 p. 1011