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In the Matter of MAHMUD KHABIR AL-MATIN, Petitioner, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility, et al., Respondents.

Petitioner challenges a determination finding him guilty of possession of a weapon, a violation of prison disciplinary rules. We confirm. The misbehavior report with a specific account of the incident and testimony by the correction officer who searched petitioner's cell and discovered the weapon, a shank, provide substantial evidence supporting the determination of guilt ( see Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Binns v Goord, 12 AD3d 1006, 1007). Petitioner's exculpatory statements presented a credibility issue for the Hearing Officer to resolve ( see Matter of Miller v New York State Dept. of Correctional Servs., 295 AD2d 714, 714-715). Contrary to petitioner's suggestion, the record demonstrates that the hearing was conducted in a fair and impartial manner and the determination did not flow from any bias on the part of the Hearing Officer ( see Matter of Cayenne v Goord, 16 AD3d 782, 783-784).

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

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AL-MATIN v. ARTUS
(Aug 2, 2007)