MATTER OF MONCRIEFFE v. BENNETT

The detailed misbehavior report, authored by the correction officer who gave petitioner the direct order to report to work, together with petitioner's testimony, provide substantial evidence to support the determination finding petitioner guilty of disobeying a direct order in violation of a prison disciplinary rule ( see, Matter of Ragland v. Great Meadow Correctional Facility, 245 A.D.2d 612, 613). Petitioner's contention that the misbehavior report was in retaliation for a complaint he filed against the correction officer who authored the misbehavior report presented a credibility issue for the Hearing Officer to resolve ( see, Matter of Dawes v. Selsky, 247 A.D.2d 773). Contrary to petitioner's contention, the fact that issues of credibility were resolved against petitioner is not indicative of bias ( see, Matter of Lee v. McCoy, 233 A.D.2d 633, 634). Finally, even if petitioner was entitled to a day off, he nevertheless was required to comply with the direct order ( see, Matter of Rivera v. Smith, 63 N.Y.2d 501, 515-516; Matter of Plummer v. Barkley, 247 A.D.2d 714).

Mikoll, J. P., Yesawich Jr., Spain, Carpinello and Graffeo, JJ., concur.

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