Following a tier III disciplinary hearing petitioner, a prison inmate, was found guilty of assaulting a staff member and committing an unhygienic act by spitting feces on a correction officer. Petitioner was also found guilty of creating a disturbance by continually flushing his toilet, causing it to flood. Petitioner thereafter commenced this CPLR article 78 proceeding challenging the determination and we confirm. The clear and detailed misbehavior reports authored by the correction officers involved; along with the testimony of the authors of the misbehavior reports, the facility plumber and petitioner himself, provide sufficient evidence to substantiate the alleged misconduct ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Although petitioner denied the allegations, this merely raised a credibility issue for the Hearing Officer to resolve ( see, Matter of De La Rosa v. Portuondo, 247 A.D.2d 810, 811).
Cardona, P. J., Mikoll, Crew III, Spain and Carpinello, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.