Opinion
May 13, 1993
Appeal from the Supreme Court, Chemung County.
Petitioner was found guilty after a Superintendent's hearing of violating a prison disciplinary rule which prohibits possession of a weapon. After an unsuccessful administrative appeal petitioner commenced this proceeding, contending that the determination was not supported by substantial evidence and that other procedural errors require annulment.
The misbehavior report states that a razor blade was found in the sleeve of petitioner's sweatshirt during a routine search by the correction officer who authored the report. This report, along with the confirmatory testimony of the correction officer who authored the report, provided substantial evidence to support the finding of guilt (see, Matter of Foster v Coughlin, 76 N.Y.2d 964, 966; People ex rel. Vega v Smith, 66 N.Y.2d 130, 139-140). Further, petitioner waived receipt of a Spanish translation of the misbehavior report by affirmatively requesting that the hearing proceed without immediate production of the report (see, Matter of Sanchez v Hoke, 116 A.D.2d 965). Finally, petitioner's hearing was timely commenced given that petitioner was in special housing at the time the misbehavior report was served (see, 7 NYCRR 251-5.1; Matter of Sardo v Murphy, 175 A.D.2d 972; Matter of Young v Coughlin, 144 A.D.2d 753, lv dismissed 74 N.Y.2d 625).
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.