Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was charged in a misbehavior report with possessing gang-related material and possessing contraband after a search of his cell revealed numerous photographs, writings and drawings containing known gang signs, references and terminology. Following a tier III disciplinary hearing, petitioner was found guilty of the charges. The determination was affirmed on administrative appeal and petitioner commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report and the testimony of a correction officer trained in recognizing gang-related materials provided substantial evidence supporting the determination of guilt (see Matter of Wheeler-Whichard v Fischer, 69 AD3d 1286, 1286 [2010]; Matter of Glover v Fischer, 68 AD3d 1404, 1404 [2009]). The officer testified that certain photographs, drawings and writings found in petitioner’s cell contained gang references and terminology. Petitioner’s testimony to the contrary created a credibility issue for the Hearing Officer to resolve (see Matter of Henry v Fischer, 98 AD3d 1157, 1158 [2012]; Matter of
Peters, P.J., Rose, McCarthy and Egan Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.