MATTER OF PRYCE v. GOORD

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules prohibiting inmates from creating a disturbance, harassment, refusing a direct order and making threats. Contrary to petitioner's contention, the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence of petitioner's guilt (see, Matter of Barnes v. Goord, 279 A.D.2d 685; Matter of Kwiatkowski v. Goord, 276 A.D.2d 986). Although petitioner claims that the correction officer who authored the report fabricated the charges in retaliation for a grievance that petitioner filed against him, we find no reason to disturb the Hearing Officer's determination resolving this credibility issue against petitioner (see, Matter of Daum v. Goord, 270 A.D.2d 745, 746; Matter of James v. Couture, 266 A.D.2d 604, 605). We have reviewed petitioner's remaining contentions, including his claim of Hearing Officer bias, and conclude that they are either unpreserved for our review or lacking in merit.

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