Majority
p. 959In the Matter of Luis Bonettis, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of
p. 960Correctional Services, Respondent. [700 NYS2d 923]
—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The misbehavior report constitutes substantial evidence to support the determination that petitioner violated various inmate rules (see, Matter of Bryant v Coughlin, 77 NY2d 642 , 647; People ex rel. Vega v Smith, 66 NY2d 130 , 139). The contention of petitioner that he was not given an order to leave his cell presented an issue of credibility for the Hearing Officer to resolve (see, Matter of Hawkins v Coombe, 225 AD2d 1095 , 1096). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present — Denman, P. J., Green, Pigott, Jr., Hurlbutt and Balio, JJ.
Cases cited
- Bryant v. Coughlin 77 NY2d 642 at 647 p. 960
- People ex rel. Vega v. Smith 66 NY2d 130 at 139 p. 960