Petitioner was charged in a misbehavior report with violating numerous prison disciplinary rules in the wake of a gang-related assault upon an inmate following which petitioner, who was allegedly a gang member present for the attack, disposed of the weapon used therein. After a tier III disciplinary hearing, petitioner was found guilty as charged. His administrative appeal was unsuccessful, and this CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, coupled with the confidential documentary evidence and testimony considered by the Hearing Officer in camera, provide substantial evidence supporting the determination of guilt ( see Matter of Elliott v Fischer, 73 AD3d 1366, 1366-1367; Matter of Hill v Fischer, 69 AD3d 1103, 1103). The Hearing Officer was free to credit that evidence over petitioner's denial of involvement in the attack and the victim's testimony that he did not believe that petitioner would harm him and did not know if petitioner played a role in the attack. Petitioner's remaining arguments have been reviewed and found to be without merit.
Adjudged that the determination is confirmed, without costs, and petition dismissed.