Opinion
February 5, 1998
Petitioner was found guilty of violating prison disciplinary rules that prohibit the unauthorized exchange of personal property and the altering of State clothing. Petitioner also was assessed $19.66 for the cost of replacing the altered clothing. The charges stemmed from a cell search that uncovered a book belonging to another inmate and two pairs of State pants with the belt loops altered.
Initially, we reject petitioner's contention that the determination should be annulled because the misbehavior report did not comply with 7 NYCRR 251-3.1. In our view, the misbehavior report was sufficient to inform petitioner of the charges against him and enable him to prepare a defense (see, e.g., Matter of Carini v. Mann, 237 A.D.2d 761, 762). Furthermore, we find no error in the Hearing Officer's denial of petitioner's request to call the State shop civilian inasmuch as her testimony regarding petitioner's request to exchange the pants would have been irrelevant to the charge of altering State clothing (see generally, Matter of Gill v. Selsky, 240 A.D.2d 831). Petitioner's remaining contentions are either unpreserved for our review or found to be unpersuasive.
Cardona, P.J., Crew III, White, Yesawich Jr. and Peters, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.