GRIFFIN v. GOORD (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Anthony GRIFFIN, Petitioner, v. Glenn S. GOORD, Commissioner, New York State Department of Correctional Services, Respondent

Decided: November 12, 1999

PRESENT: DENMAN, P.J., HAYES, HURLBUTT, SCUDDER and BALIO, JJ.

Edward L. Chassin, Attica, for Petitioner. Wayne L. Benjamin, Albany, for Respondent.

Petitioner was found guilty following a Tier III hearing of violating various inmate rules. The determination is supported by substantial evidence (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139, 495 N.Y.S.2d 332, 485 N.E.2d 997), and any discrepancy between the misbehavior report and the testimony of the correction officer who authored the misbehavior report raised a credibility issue for the Hearing Officer to resolve (see, e.g., Matter of Hooper v. Goord, 248 A.D.2d 987, 670 N.Y.S.2d 161). Petitioner further contends that the Hearing Officer did not act in a fair and impartial manner. That contention was not raised on administrative appeal, and thus petitioner 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:

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