IN RE: Mahmud Khabir AL-MATIN (2007)

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of possession of a weapon, a violation of prison disciplinary rules.   We confirm.   The misbehavior report with a specific account of the incident and testimony by the correction officer who searched petitioner's cell and discovered the weapon, a shank, provide substantial evidence supporting the determination of guilt (see Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966, 563 N.Y.S.2d 728, 565 N.E.2d 477 [1990];  Matter of Binns v. Goord, 12 A.D.3d 1006, 1007, 784 N.Y.S.2d 907 [2004] ).   Petitioner's exculpatory statements presented a credibility issue for the Hearing Officer to resolve (see Matter of Miller v. New York State Dept. of Correctional Servs., 295 A.D.2d 714, 714-715, 743 N.Y.S.2d 632 [2002] ).   Contrary to petitioner's suggestion, the record demonstrates that the hearing was conducted in a fair and impartial manner and the determination did not flow from any bias on the part of the Hearing Officer (see Matter of Cayenne v. Goord, 16 A.D.3d 782, 783-784, 790 N.Y.S.2d 762 [2005] ).

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.