Summer v. Kelly

— Determination unanimously confirmed and petition dismissed. Memorandum: Petitioner’s contention that the Hearing Officer’s decision was not supported by substantial evidence is without merit; whether petitioner was the inmate who assaulted the correction officer was a matter of credibility for the Hearing Officer’s determination (see, People ex rel. Vega v Smith, 66 NY2d 130, 139; Matter of Curl v Kelly, 125 AD2d 948). Further, there is no merit to petitioner’s claim that his due process rights were violated by the failure to notify him of the possible range of penalties that could be…