Acevedo v. Coughlin

— Determination unanimously confirmed and petition dismissed. Memorandum: The credibility of the eyewitness inmate’s testimony regarding the assault of a fellow inmate was a matter for the Hearing Officer to resolve (see, Matter of Blyden v Mantello, 176 AD2d 1243; Matter of James v Coughlin, 170 AD2d 980). That testimony, which was credited by the Hearing Officer, constituted substantial evidence in support of the determination. Petitioner failed to preserve for review his remaining contentions that the inmate misbehavior report was not timely filed and was defective because it failed to…