Majority
p. 954In the Matter of John Noriega, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent. [705 NYS2d 305]
—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The misbehavior report and the
p. 955
testimony of its author, together with confidential information and exhibits, constitute substantial evidence supporting the determination that petitioner violated various inmate rules. “[T]he disciplinary authorities have offered such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact” (Matter of Bryant v Coughlin, 77 NY2d 642 , 647, citing People ex rel. Vega v Smith, 66 NY2d 130 , 139). The denials of petitioner and his witnesses that petitioner committed the underlying acts raised a credibility issue for the Hearing Officer to resolve (see, Matter of Foster v Coughlin, 76 NY2d 964 , 966). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present — Pine, J. P., Wisner, Hurlbutt, Kehoe and Lawton, JJ.
Cases cited
- Bryant v. Coughlin 77 NY2d 642 at 647 p. 955
- People ex rel. Vega v. Smith 66 NY2d 130 at 139 p. 955
- Foster v. Coughlin 76 NY2d 964 at 966 p. 955