IN RE: Nelson MARTINO (2007)

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 certain prison disciplinary rules.

 Petitioner challenges a determination finding him guilty of attempting to smuggle drugs and violating facility visiting procedures.   We confirm.   The misbehavior report and related documentation, along with the testimony of the investigating correction officer, the correction officer who found the contraband and the correction officer who tested the contraband, provide substantial evidence supporting the determination of guilt (see Matter of Price v. Goord, 29 A.D.3d 1203, 1204, 814 N.Y.S.2d 409 [2006] ).   Petitioner's challenge to the chain of custody of the contraband, which was established by both documentation and testimony, has no merit (see Matter of Perez v. Goord, 301 A.D.2d 996, 997, 755 N.Y.S.2d 112 [2003] ).

 Petitioner's procedural objections also are unpersuasive.   The Hearing Officer remedied any alleged defect in the prehearing assistance by ensuring that petitioner received all the documentation which he requested, and petitioner has failed to demonstrate that any inadequacy prejudiced his defense (see Matter of Salaam v. Goord, 8 A.D.3d 776, 777, 778 N.Y.S.2d 216 [2004];  Matter of Blackwell v. Goord, 5 A.D.3d 883, 885, 772 N.Y.S.2d 761 [2004], lv. denied 2 N.Y.3d 708, 781 N.Y.S.2d 289, 814 N.E.2d 461 [2004] ). Additionally, the record demonstrates that the hearing was conducted in a fair and impartial manner and the determination did not flow from any bias on the part of the Hearing Officer (see Matter of Cayenne v. Goord, 16 A.D.3d 782, 783-784, 790 N.Y.S.2d 762 [2005] ).   Petitioner's remaining contentions, to the extent preserved, have been reviewed and determined to be without merit.

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