MATTER OF ARIAS v. GOORD

Petitioner, a prison inmate, was found guilty of engaging in violent conduct, failing to obey a direct order, assaulting an inmate and creating a disturbance. Contrary to petitioner's contention, the misbehavior report and the eyewitness testimony of the correction officer who authored it provide substantial evidence of petitioner's guilt (see, Matter of Johnson v. Selsky, 271 A.D.2d 770, ___, 705 N.Y.S.2d 446, 447). Petitioner's conflicting version of the incident raised a credibility issue for the Hearing Officer to resolve (see, Matter of Johnson v. Selsky, 272 A.D.2d 798, 798-799, 708 N.Y.S.2d 922, 923). Petitioner's remaining contentions, including his claim of Hearing Officer bias, are either unpreserved for our review or without merit.

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