Narvaez v. Fischer

The determination is supported by substantial evidence including the misbehavior report, library loan forms and the testimony of the library assistant (see Matter of Sproul v Goord, 308 AD2d 612, 613 [2003]; Matter of Porter v McGinnis, 307 AD2d 500 [2003], Iv denied 100 NY2d 516 [2003]). To the extent that the record contains evidence that petitioner attempted to return the books by placing them into a library drop box, this created factual and credibility issues to be resolved by the Hearing Officer (see Matter of Sproul v Goord, 308 AD2d at 613; Matter of Porter v McGinnis, 307 AD2d at…