MEMORANDUM AND JUDGMENT
Following a tier III disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules that prohibit inmates from possessing a weapon, fighting, assault and refusing a direct order. This determination was affirmed upon petitioner's administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding and we confirm.
Contrary to petitioner's contention, we find that the misbehavior report, combined with the hearing testimony, including the reporting officer's testimony as to her eyewitness observations, provide substantial evidence of petitioner's guilt (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Although petitioner claimed that he was not the initial aggressor in the fight and denied possessing the weapon and refusing a direct order, this raised a credibility issue for the Hearing Officer to resolve (see, Matter of De La Rosa v. Portuondo, 247 A.D.2d 810, 811).
Petitioner's remaining arguments have been examined and found to be unpersuasive.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.