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IN THE MATTER OF GEORGE CREWS, PETITIONER, v. JOHN O'KEEFE, AS SUPERINTENDENT OF OGDENSBURG CORRECTIONAL FACILITY, RESPONDENT.

MEMORANDUM AND JUDGMENT

Following a tier III hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting inmates from committing an unhygienic act, harassing an employee, making threats and failing to carry an identification card. Petitioner commenced this proceeding seeking to challenge the determination to the extent that it found him guilty of harassment and making threats. Contrary to petitioner's contention, the misbehavior report, together with the testimony of its author, constitute substantial evidence of petitioner's guilt (see,Matter of Pryce v. Goord, 281 A.D.2d 665, 721 N.Y.S.2d 570; Matter of Amaker v. Senkowski, 278 A.D.2d 725). We note that the conflicting testimony presented by petitioner and his witnesses raised an issue of credibility properly resolved by the Hearing Officer (see, Matter of Pryce v. Goord, supra).

Petitioner pleaded guilty to the charges of committing an unhygienic act and failing to carry his identification card and, accordingly, he does not challenge the evidentiary basis for the determination of guilt in connection therewith.

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

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IN THE MATTER OF CREWS v. O'KEEFE
(May 3, 2001)