MATTER OF HARDWICK v. COUGHLIN

Determination unanimously confirmed and petition dismissed. Memorandum: The written misbehavior report, which describes with specificity the incident from which the charges arose, was authored by a Correction Officer who participated in the incident and co-signed by two other Correction Officers. That report constitutes substantial evidence to support the Hearing Officer's determination of guilt (see, Matter of Foster v Coughlin, 76 N.Y.2d 964, 966; People ex rel. Vega v Smith, 66 N.Y.2d 130, 140). Petitioner's argument that the Hearing Officer should have more fully investigated the charges against him is without merit. The Hearing Officer is under no obligation to call the reporting officer as a witness (Matter of Perez v Wilmot, 67 N.Y.2d 615, 617), nor is the Hearing Officer required to make petitioner's case for him (Matter of Rivera v Coughlin, 179 A.D.2d 949; Matter of Jackson v LeFevre, 128 A.D.2d 1001, 1002).