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In the Matter of WILTON JAIME, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Ser

MEMORANDUM AND JUDGMENT

Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits inmates from intentionally exposing their private body parts after petitioner was observed masturbating in clear view of a female correction officer. Petitioner's guilt was affirmed upon administrative appeal and he then commenced this CPLR article 78 proceeding to challenge the determination. Contrary to petitioner's argument, we find that the detailed misbehavior report combined with the testimony of the reporting correction officer provide substantial evidence of his guilt (see, Matter of Farid v. Coombe, 236 A.D.2d 660). While petitioner claimed that he did not know that the correction officer was making her rounds, this merely raised a credibility issue for the Hearing Officer to resolve (see, Matter of Reynoso v. Coombe, 257 A.D.2d 921, 684 N.Y.S.2d 672). Petitioner's remaining contentions have been examined and found to be similarly unpersuasive.

Cardona, P.J., Mercure, Yesawich Jr., Spain and Graffeo, JJ., concur.

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

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MATTER OF JAIME v. GOORD
(Jun 17, 1999)