Opinion
December 3, 1998
Appeal from the judgment of the Supreme Court (Feldstein, J.).
Following a hearing, petitioner was found guilty of violating the prison disciplinary rule which requires inmates to promptly report any illness or injury. We reject petitioner's contention that the hearing was not timely commenced or concluded. First, petitioner was already confined to his cell as a result of an unrelated matter when he received the instant misbehavior report; therefore, the seven-day rule for commencing the hearing was inapplicable ( see, Matter of Edmonson v. Coombe, 247 A.D.2d 693; Matter of Nelson v. Selsky, 239 A.D.2d 795). Furthermore, the hearing was concluded on the 14th day following the issuance of the misbehavior report ( see, 7 N.Y.CRR 25 1-5.1 [b]). In calculating the 14-day time period, the date the misbehavior report is written is excluded ( see, Matter of Robles v. Coombe, 234 A.D.2d 847).
CARDONA, P. J., MERCURE, CREW III, SPAIN and CARPINELLO, JJ., concur.
Ordered that the judgment is affirmed, without costs.