Martinez v. Goord

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The misbehavior report and the testimony of its author constitute substantial evidence to support the determination that petitioner violated various inmate rules in connection with his fight with another inmate (see, Matter of Bryant v Coughlin, 77 NY2d 642, 647; People ex rel. Vega v Smith, 66 NY2d 130, 139). The assertions of petitioner and the other inmate that petitioner did not possess a weapon during the fight raised a credibility issue for the Hearing Officer to resolve (see, Matter of Foster v…