MATTER OF BELL v. LEARY

Lahtinen, J.

Following a tier II hearing, petitioner was found guilty of failing to obey direct orders from a correction officer and a sergeant not to wear his "do-rag" in unauthorized areas. The detailed misbehavior report authored by the correction officer who witnessed petitioner's refusal to obey the direct orders provides substantial evidence of petitioner's guilt (see, Matter of Daum v. Goord, ___ A.D.2d ___, 711 N.Y.S.2d 212). Petitioner's contention that he was on his way to the lavatory, the area where petitioner was authorized to wear his "do-rag", raised a credibility issue properly resolved by the Hearing Officer (see, Matter of Pica v. Selsky, ___ A.D.2d ___, 711 N.Y.S.2d 215). Petitioner's remaining contentions have been examined and found to be without merit.

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