Maisonave v. Coughlin

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Clinton County) to review a determination of respondents which found petitioner guilty of violating certain prison disciplinary rules.

The correction officer’s misbehavior report and his testi*579mony were based on his firsthand observations that petitioner refused a direct order and possessed a weapon and any questions of credibility were for the Hearing Officer to resolve (see, Matter of Hernandez v LeFevre, 150 AD2d 954, lv denied 74 NY2d 615). Under the circumstances, the determination…