GREEN v. WILLIAMS (1998)

 The misbehavior report, augmented by the testimony of its author, constitutes substantial evidence supporting the determination that petitioner violated certain inmate rules (see, Matter of Bryant v. Coughlin, 77 N.Y.2d 642, 647, 569 N.Y.S.2d 582, 572 N.E.2d 23;  People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139, 495 N.Y.S.2d 332, 485 N.E.2d 997).   The contention of petitioner that the charges were brought in retaliation for complaints he had made to the facility superintendent and the Inspector General merely presented an issue of credibility for the Hearing Officer to resolve (see, Matter of Bramble v. Mead, 242 A.D.2d 858, 662 N.Y.S.2d 960, lv. denied 91 N.Y.2d 803, 668 N.Y.S.2d 558, 691 N.E.2d 630;  Matter of Muhammad v. Bennett, 242 A.D.2d 778, 661 N.Y.S.2d 1007).   The contention of petitioner that the Hearing Officer improperly denied his request to call witnesses is not properly before us.   Because petitioner failed to raise that issue in his administrative appeal, he has failed to exhaust his administrative remedies with respect to it (see, Matter of Nelson v. Coughlin, 188 A.D.2d 1071, 591 N.Y.S.2d 670, appeal dismissed 81 N.Y.2d 834, 595 N.Y.S.2d 396, 611 N.E.2d 297).

Determination unanimously confirmed without costs and petition dismissed.

MEMORANDUM: