IN RE: King DAVIS (1998)

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

 Following a verbal altercation with another inmate, petitioner was found guilty of creating a disturbance and failing to comply with the mess hall seating policy in violation of certain prison disciplinary rules.   Contrary to petitioner's contention on appeal, the detailed misbehavior report written by the correction officer who observed the incident is sufficiently relevant and probative to constitute substantial evidence of petitioner's guilt (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966, 563 N.Y.S.2d 728, 565 N.E.2d 477;  Matter of Ragland v. Great Meadow Correctional Facility, 243 A.D.2d 977, 662 N.Y.S.2d 870).   Furthermore, although petitioner was not served with a decision upon his administrative appeal in accordance with the time limitation set forth in 7 NYCRR 253.8, such time limitation is directory rather than mandatory and petitioner has failed to demonstrate any prejudice caused by the delay (see, e.g., Matter of Reynoso v. Senkowski, 210 A.D.2d 709, 621 N.Y.S.2d 936, lv. denied 85 N.Y.2d 805, 626 N.Y.S.2d 756, 650 N.E.2d 415;  Matter of Sheppard v. Le Fevre, 116 A.D.2d 867, 868, 498 N.Y.S.2d 190).   Petitioner's remaining contentions have been reviewed and found to be without merit.

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

MEMORANDUM DECISION.