POBLAH v. GOORD (1998)

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

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

Decided: December 31, 1998

Present: DENMAN, P.J., GREEN, HAYES, CALLAHAN and BALIO, JJ.

Norman P. Effman by Edward Chassin, Attica, for appellant. Dennis c. Vacco, Atty. Gen., Wayne Benjamin by Siobhan Crary, Appeals and Opinions Bureau, Albany, for respondent.

The detailed misbehavior report constitutes substantial evidence to support the determination that petitioner violated inmate rule 106.10 (7 NYCRR 270.2[B][7][i] [refusing to obey a direct order] ) (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139, 495 N.Y.S.2d 332, 485 N.E.2d 997). Petitioner's contrary version of the incident raised a credibility issue for the Hearing Officer to resolve (see, Matter of Polite v. Goord, 248 A.D.2d 1017, 670 N.Y.S.2d 142). The Hearing Officer properly refused to call four witnesses requested by petitioner. There was no showing that they witnessed the argument between petitioner and the correction officer, and thus the Hearing Officer properly determined that their testimony would not be relevant (see, Matter of Ortiz v. Rourke, 241 A.D.2d 962, 963, 661 N.Y.S.2d 401). Petitioner's contention that the Hearing Officer was biased is without merit (see, Matter of Dawes v. Selsky [appeal No. 2], 242 A.D.2d 907, 678 N.Y.S.2d 924).

Determination unanimously confirmed without costs and petition dismissed.

MEMORANDUM:

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