Pryce v. Goord

—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 the Superintendent of Franklin Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules prohibiting inmates from creating a disturbance, harassment, refusing a direct order and making threats. Contrary to petitioner’s contention, the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence of petitioner’s guilt (see, Matter of Barnes v Goord, 279 AD2d 685 ; Matter of Kwiatkowski v Goord, 276 AD2d 986 ). Although petitioner claims that the correction officer who authored the report fabricated the charges in retaliation for a grievance that petitioner filed against him, we find no reason to disturb the Hearing Officer’s determination resolving this credibility issue against petitioner (see, Matter of Daum v Goord, 270 AD2d 745 , 746; Matter of James v Couture, 266 AD2d 604 , 605). We have reviewed petitioner’s remaining contentions, including his claim of Hearing Officer bias, and conclude that they are either unpreserved for our review or lacking in merit.