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In the Matter of WILLIAM F. BONEZ, Petitioner, v. DANIEL SENKOWSKI, as Superintendent of Clinton Correctional Facility, Respondent.

The misbehavior report and the corroborating testimony of the physician's assistant describing petitioner's disruptive behavior when he was denied medical showers provides substantial evidence to support the determination which found him guilty of attempted assault on staff and interference with an employee in violation of certain prison disciplinary rules (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). While the Hearing Officer failed to supply petitioner with a written explanation for the denial of his request for a character witness (see, 7 NYCRR 254.5 [a]), we nonetheless find no reason to set aside the determination inasmuch as the record clearly discloses the reason for the denial, i.e., that the witness had no first-hand knowledge of the incident (see, Matter of Morrison v. Selsky, 246 A.D.2d 939; see also, Matter of Danaher v. Coombe, 242 A.D.2d 754). To the extent that petitioner asserts that the misbehavior report was fabricated and written in retaliation for the grievance he filed against the physician's assistant, this merely presented a credibility issue for resolution by the Hearing Officer (see, Matter of Lawrence v. Headley, 257 A.D.2d 837). Petitioner's remaining contentions have been reviewed and found to be without merit.

CARDONA, P.J., MIKOLL, PETERS, GRAFFEO and MUGGLIN, JJ., concur.

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

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MATTER OF BONEZ v. SENKOWSKI
(Oct 21, 1999)