MATTER OF BONETTIS v. GOORD

Memorandum:

The misbehavior report constitutes substantial evidence to support the determination that petitioner violated various inmate rules ( see, Matter of Bryant v. Coughlin, 77 N.Y.2d 642, 647; People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139). The contention of petitioner that he was not given an order to leave his cell presented an issue of credibility for the Hearing Officer to resolve ( see, Matter of Hawkins v. Coombe, 225 A.D.2d 1095, 1096). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.)