PORTER v. GOORD

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination which found him guilty of refusing a direct order and stealing state property. According to the misbehavior report, petitioner refused a correction officer's direct order to get dressed so that a female correction counselor could approach his cell and retrieve documents issued to petitioner pursuant to a Freedom of Information Law request. The misbehavior report, together with the corroborating hearing testimony and videotape, provide substantial evidence to support the determination of guilt ( see Matter of Barclay v Goord, 23 AD3d 862, 862, lvs denied 6 NY3d 705, 710; Matter of Porter v McGinnis, 20 AD3d 641). To the extent that petitioner asserts that the charges were issued as a means of retaliation for a grievance and lawsuit he had filed, that presented a credibility issue for the Hearing Officer to resolve ( see Matter of Lewis v Goord, 43 AD3d 1259). We have examined petitioner's remaining contentions, including his claim that he was denied a fair and impartial hearing, and find them to be without merit.

Adjudged that the determination is confirmed, without costs, and petition dismissed.