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In the Matter of GARY EVANS, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Ser

Petitioner challenges a determination finding him guilty of violating facility visiting procedures, creating a disturbance, harassment and refusing a direct order in violation of prison disciplinary rules. We confirm. The misbehavior report with a factually specific account of the incident written by the correction officer involved and endorsed by a witness employee, along with the testimony of the two witnessing correction officers, provides substantial evidence supporting the determination of guilt ( see Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Goncalves v Donnelly, 9 AD3d 721). Petitioner's exculpatory statements as to the nature of the events and the testimony of his inmate witnesses 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).

Petitioner's procedural objections are unpersuasive. 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). Petitioner's remaining contentions, to the extent preserved, have been reviewed and determined to be without merit.

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

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EVANS v. GOORD
(Jun 28, 2007)