Walker v. Coughlin

Determination unanimously confirmed and petition dismissed. Memorandum: Petitioner’s sole claim in this proceeding is that the Hearing Officer’s determination was not supported by substantial evidence. Whether petitioner, an inmate at Attica Correctional Facility, refused to submit to a urinalysis test was a matter of credibility for the Hearing Officer (Matter of Perez v Wilmot, 67 NY2d 615; Matter of Summer v Kelly, 139 AD2d 972, Iv denied 72 NY2d 804), and there was substantial evidence to support the Officer’s determination. (Article 78 proceeding transferred by order of Supreme Court,…