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In the Matter of David Burr v. Glenn S. Goord, as Commissioner of the New York State Department of Correctional Services
—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Superintendent of Great Meadow Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.
Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting inmates from refusing a direct order. Contrary to petitioner’s assertion, the
[882] detailed misbehavior report constitutes substantial evidence to support the determination that petitioner disobeyed a direct order to lock in his cell (see, Matter of Faraldo v Senkowski, 275 AD2d 833). Petitioner’s differing version of events presented a credibility issue for resolution by the Hearing Officer (see, Matter of Bell v Leary, 275 AD2d 834).
Cardona, P. J., Mercure, Crew III, Spain and Mugglin, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.