Crew III, J.P.
Petitioner, a prison inmate, was charged in a misbehavior report with committing a sex offense and engaging in physical contact with another inmate after a correction officer observed him performing a sexual act with the other inmate in the facility auditorium. Following a tier III disciplinary hearing, petitioner was found guilty of both charges and subsequently commenced this CPLR article 78 proceeding challenging the underlying determination. Supreme Court thereafter transferred the matter to this court for our review.
The misbehavior report and the testimony of the correction officer who authored the report and provided a detailed description of petitioner's sexual conduct was sufficient to constitute substantial evidence of petitioner's guilt (see, Matter of Murray v. Goord, 263 A.D.2d 794, 795). Although petitioner contends that he did not engage in a sexual act with the inmate and, further, that the configuration of the auditorium would have prevented the correction officer from observing his conduct, this merely presented credibility issues for the Hearing Officer's resolution (see, id., at 795; Matter of Washington v. Scully, 138 A.D.2d 874, 875). The fact that such credibility issues were resolved against petitioner is not indicative of any bias on the part of the Hearing Officer (see, Matter of Green v. Selsky, ___ A.D.2d ___, ___, 700 N.Y.S.2d 772, 773), who conducted petitioner's hearing in an impartial manner (see, Matter of Green v. Coombe, 234 A.D.2d 756, 757). Finally, we conclude that the gaps in the hearing transcript are not so significant to preclude meaningful review (see, Matter of Carter v. Goord, 266 A.D.2d 623, ___, 697 N.Y.S.2d 726, 727; Matter of Reid v. Coughlin, 221 A.D.2d 888). Petitioner's remaining contentions have been examined and found to be without merit.
Spain, Carpinello, Graffeo and Mugglin, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.