IN RE: David DONATO (2000)

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

The detailed misbehavior report indicating that petitioner's urine twice tested positive for cannabinoids constitutes substantial evidence to support the finding that petitioner was guilty of using a controlled substance (see, Matter of Kussius v. Walker, 247 A.D.2d 911, 668 N.Y.S.2d 784).   The test documents attached to the misbehavior report establish the necessary chain of custody and proper foundation for reliance on the test results (see, Matter of Garcia v. Goord, 272 A.D.2d 694, 709 N.Y.S.2d 452).   The testimony of the author of the misbehavior report was not required (see, Matter of McMillian v. Goord, 252 A.D.2d 645, 675 N.Y.S.2d 386), particularly in the absence of any request for witnesses by petitioner (see, Matter of Cowart v. Selsky, 260 A.D.2d 883, 689 N.Y.S.2d 535).   Petitioner's remaining arguments, including the claim of Hearing Officer bias, have been considered and are lacking in merit.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

MEMORANDUM DECISION.