IN RE: Norman WATSON (1999)

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 which found petitioner guilty of violating a prison disciplinary rule.

The misbehavior report and positive results of two urinalysis tests indicating the presence of cocaine, together with evidence that the medication petitioner was taking would not cause a false positive for narcotics, provide substantial evidence to support the determination finding petitioner guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance (see, Matter of Rivera v. Goord, 258 A.D.2d 858, 687 N.Y.S.2d 183;  Matter of Rodriguez v. Coombe, 249 A.D.2d 655, 671 N.Y.S.2d 195).   Turning to petitioner's procedural arguments, we reject the contention that any alleged error or impropriety regarding the completion of the urinalysis procedure forms requires annulment of the determination.   Likewise, petitioner's assertion that he was denied the right to call witnesses is unpersuasive inasmuch as the record reveals that petitioner either failed to request any witnesses (see, Matter of Cowart v. Selsky, ---A.D.2d ----, 689 N.Y.S.2d 535) or the testimony of the witness petitioner sought to recall would be redundant (see, Matter of Williams v. Selsky, 257 A.D.2d 932, 684 N.Y.S.2d 667).   To the extent that petitioner's remaining contentions have been preserved for our review, we find them to be without merit.

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

MEMORANDUM DECISION.