IN THE MATTER OF GAINEY v. GOORD

The misbehavior report and testimony of its author detailing petitioner's admission that he participated in a fight with other inmates provides substantial evidence to support the determination which found him guilty of fighting (see, Matter of Faulkner v. Goord, 245 A.D.2d 935;Matter of Emmons v. Selsky, 238 A.D.2d 651). Petitioner's denial of having made the admission raised a credibility issue for the Hearing Officer to resolve (see, Matter of Lunney v. Selsky, 262 A.D.2d 835), as did the testimony of the inmate witnesses supporting petitioner's version of the incident (see, Matter of Carini v. Mann, 237 A.D.2d 761). The fact that the Hearing Officer resolved these credibility issues against petitioner does not demonstrate bias (see, Matter of Amaker v. Senkowski, 271 A.D.2d 772, lv denied 95 N.Y.2d 760). There is no basis to disturb the determination and, therefore, it must be confirmed.

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