Elliott v. Johnson

—Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent Superintendent for further proceedings in accordance with the following Memorandum: Substantial evidence supports the determination that petitioner violated inmate rule 107.11 (7 NYCRR 270.2 [B] [8] [ii]) by writing a letter communicating messages of a personal nature to a facility employee. Petitioner’s explanation that the letter was intended for another person raised an issue of credibility for the Hearing Officer to resolve (see, Matter of Allen v Goord, 252 AD2d 973,…