MEMORANDUM AND JUDGMENT
Petitioner was found guilty of violating the prison disciplinary rules prohibiting violent conduct, creating a disturbance, interference with a facility employee, harassment, refusing to obey a direct order and threatening violence. According to the misbehavior report and testimony given at the disciplinary hearing, petitioner was attending the Ramadan evening meal held in the facility's mess hall when he became embroiled in a heated argument with other Muslim inmates. Petitioner lost his temper and began shouting obscenity-filled threats at the group's Imam (a Muslim religious leader) while menacing him with clenched fists. After initially ignoring the reporting correction officer's orders to desist, petitioner complied by leaving the immediate area; however, his shouting continued for an additional period of time.
The determination of petitioner's guilt was supported by substantial evidence in the form of the misbehavior report and the testimony given by the correction officer who wrote it, based upon his observation of the entire incident (see Matter of Lynch v. Goord, 285 A.D.2d 878, 879). Consistent testimony was given by a correction sergeant who was in the mess hall when the incident took place and by inmate witnesses, including the Imam who was the victim of petitioner's verbal and threatened physical assault (see Matter of Johnson v. Selsky, 271 A.D.2d 770). To the extent that petitioner's account of the precipitating incident (which he characterizes as a peaceable "Islamic debate") was at variance with that given by other hearing witnesses, these discrepancies presented issues of credibility for resolution by the Hearing Officer (see Matter of Giles v. Selsky, 287 A.D.2d 829, 830). Petitioner's remaining contentions, including his assertions that alleged procedural errors and irregularities denied him the right to a fair hearing, have been examined and found to be without merit.
Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.