IN RE: Frank BROWN (2005)

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner became uncooperative while he was being locked in his cell after a shower.   Two correction officers restrained him and escorted him back to the shower area, which caused showers for the other inmates to be delayed.   As a result, he was charged in a misbehavior report with assaulting staff, refusing a direct order and interfering with an employee.   He was found guilty of assaulting staff and interfering with an employee following a tier III disciplinary hearing and the determination was affirmed on administrative appeal.   This CPLR article 78 proceeding ensued.

 We confirm.   The misbehavior report, together with the memoranda of correction officers involved in the incident, provide substantial evidence supporting the determination of guilt (see Matter of Montgomery v. Goord, 297 A.D.2d 870, 871, 746 N.Y.S.2d 922 [2002];  Matter of Alejandro v. Goord, 278 A.D.2d 731, 731, 718 N.Y.S.2d 437 [2000] ).   Petitioner's assertion that the charges were brought in retaliation for his prior filing of grievances presented a credibility issue for the Hearing Officer to resolve (see Matter of Hamilton v. Selsky, 13 A.D.3d 844, 845, 785 N.Y.S.2d 811 [2004];  Matter of Brown v. Goord, 11 A.D.3d 857, 858, 783 N.Y.S.2d 151 [2004] ).   Contrary to petitioner's claim, the misbehavior report was sufficiently detailed to provide him with adequate notice of the charges (see Matter of Thomas v. Selsky, 9 A.D.3d 751, 751, 779 N.Y.S.2d 850 [2004] ). Furthermore, there is no indication in the record that the Hearing Officer was biased or that the determination at issue flowed from any alleged bias (see id. at 751-752, 779 N.Y.S.2d 850;  Matter of Nieves v. Goord, 2 A.D.3d 1173, 1174, 768 N.Y.S.2d 711 [2003] ).   Petitioner's remaining claims have either not been preserved for our review or are lacking in merit.

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