Williams v. Fischer

92 A.D.3d 1053, 937 N.Y.2d 900

Opinion

We confirm. Initially, upon reviewing the record, we do not find that the minor gaps in the hearing tape or transcript preclude meaningful review (see Matter of Machicote v Bezio, 87 AD3d 763, 764 [2011]; Matter of Smith v Martuscello, 85 AD3d 1516, 1516 [2011], lv denied 17 NY3d 715 [2011]). Moreover, the detailed misbehavior report provides substantial evidence supporting the determination of guilt (see Matter of Darshan v Bango, 83 AD3d 1302 [2011]; Matter of Tafari v Selsky, 38 AD3d 1079, 1079 [2007], lv denied 8 NY3d 816 [2007]). Petitioner’s claim that the misbehavior report was fabricated and the contrary version of events related by him and his inmate witnesses presented a credibility issue for the Hearing Officer to resolve (see Matter of Coleman v Fischer, 87 AD3d 778, 779 [2011]; Matter of Johnson v Goord, 42 AD3d 626, 627 [2007]). Petitioner’s remaining contentions have not been preserved for our review.

Rose, J.R, Spain, Kavanagh, Stein and Egan Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.