MEMORANDUM AND JUDGMENT
Petitioner was found guilty of making verbal threats, violent conduct, disturbing the order of the facility and refusing a direct order. The misbehavior report alleged that petitioner and another inmate exchanged threats and refused to obey direct orders. Contrary to petitioner's contention, the misbehavior report, together with the eyewitness testimony of its author, constitute substantial evidence to support the determination of petitioner's guilt of the charges (see, Matter of Arias v. Goord, 274 A.D.2d 807, 711 N.Y.S.2d 918; Matter of Johnson v. Selsky, 271 A.D.2d 770). Petitioner's proffered claims that his words were not spoken in a threatening manner and that he did not hear the correction officer's direct order presented credibility issues for the Hearing Officer to resolve (see, Matter of Lee v. Goord, 272 A.D.2d 696, 708 N.Y.S.2d 908). The fact that the Hearing Officer credited the misbehavior report and testimony offered by the correction officer who witnessed the incident does not establish bias (see, Matter of Faison v. Goord, 268 A.D.2d 634). In any event, petitioner has failed to demonstrate that the outcome of the hearing flowed from the alleged bias (see, Matter of Madison v. Goord, 273 A.D.2d 557, 558, 709 N.Y.S.2d 663, 664). We have examined petitioner's remaining claims and find that they are not meritorious.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.