—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The misbehavior report and the 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.
In the Matter of John Noriega, Petitioner, v. Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent
270 A.D.2d 954705 N.Y.S.2d 305
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