MATTER OF LAWRENCE v. EDWARDS

Adjudged that the determination is confirmed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.

Contrary to the petitioner's contention, the misbehavior report provided substantial evidence to support the determination finding him guilty of refusing to follow a direct order and making a false statement ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964; People ex rel. Vega v. Smith, 66 N.Y.2d 130). To the extent that the petitioner and the inmate witnesses disputed the statements of the correction officers in the misbehavior report, this presented an issue of credibility which was in the Hearing Officer's discretion to resolve ( see, Matter of Perez v. Wilmot, 67 N.Y.2d 615, 617; Matter of Vargas v. Strack, 220 A.D.2d 675).

The petitioner's remaining contentions are without merit.

S. Miller, J. P., O'Brien, Ritter and Santucci, JJ., concur.