MEMORANDUM AND JUDGMENT
Following a tier II hearing, petitioner, a prison inmate, was found guilty of harassment. Contrary to petitioner's contention, the misbehavior report written by an eyewitness and petitioner's own admission that he called a correction officer a racist provides substantial evidence to support the determination of petitioner's guilt (see, Matter of El-Shabazz v. Selsky, 257 A.D.2d 937; Matter of Ross v. Bolak, 256 A.D.2d 789). We also reject petitioner's contention that his remark was protected expression under the 1st Amendment. It is well settled that while incarcerated, prisoners retain those rights guaranteed by the 1st Amendment; however, they "may exercise [those rights] * * * to the extent it would not be inconsistent with their status as prisoners and with the legitimate restrictions imposed by confinement" (Matter of Lucas v. Scully, 71 N.Y.2d 399, 404).
Furthermore, we find that petitioner's contention of Hearing Officer bias is without merit. The fact that the Hearing Officer resolved credibility issues against petitioner is not indicative of bias (see, Matter of Lawrence v. Headley, 257 A.D.2d 837). In any event, petitioner has failed to establish that the outcome of the hearing flowed from the alleged bias (see, Matter of Omaro v. Goord, 269 A.D.2d 629, 701 N.Y.S.2d 923).
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.