MATTER OF TORRES v. GOORD

Based upon the two misbehavior reports and the testimony of the confidential informant, which the Hearing Officer found to be reliable, substantial evidence supports the determination finding petitioner guilty of violating the prison disciplinary rules which prohibit assault on an inmate, possession of a weapon, fighting and being out of place ( see, Matter of AbdurRaheem v Mann, 85 N.Y.2d 113, 119). Our in camera review of the testimony given by the confidential informant, who picked petitioner out of a photographic array and identified him as the assailant, convinces us that the Hearing Officer made an independent assessment of the informant's credibility ( see, Matter of Lyde v Senkowski, 239 A.D.2d 714). Petitioner's remaining contentions have been examined and are either unpreserved for our review or lacking in merit.

Mercure, J.P., Crew III, Casey, Yesawich Jr. and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.