MATTER OF ORO v. KEANE

On October 26, 1992, an "Inmate Misbehavior Report" was filed charging the petitioner, an inmate at Ossining Correctional Facility, with violations of that institution's rules, to wit, the possession of narcotic drugs and smuggling. The petitioner denied the charges. After a hearing, at which the correction officer who filed the report testified that he personally observed the petitioner remove from his pocket a yellow balloon containing the contraband and throw it towards another inmate, the petitioner was found guilty.

Contrary to the petitioner's contentions, the correction officer's testimony, along with the "Inmate Misbehavior Report", constituted substantial evidence of the petitioner's misconduct since they demonstrated such relevant proof as a reasonable mind may accept as adequate to support the conclusion that the petitioner was guilty of the charges brought against him (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180; Matter of Perez v. Wilmot, 67 N.Y.2d 615, 617; People ex rel. Vega v. Smith, 66 N.Y.2d 130). To the extent that the petitioner disputed the correction officer's testimony, this presented an issue of credibility which was within the province of the Hearing Officer, as the trier of fact, to resolve (see, Matter of Perez v. Wilmot, supra, at 617; People ex rel. Vega v Smith, supra, at 130; Matter of Gonzalez v. Coughlin, 126 A.D.2d 800). Accordingly, we find no reason to disturb the determination. Miller, J.P., Joy, Krausman and Goldstein, JJ., concur.