IN RE: Bernabe ENCARNACION (2005)

Appeal from a judgment of the Supreme Court (O'Brien III, J.), entered May 19, 2004 in Chemung County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

 Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination finding him guilty of violating the prison disciplinary rules that prohibit possession of unauthorized property, smuggling and violating facility correspondence procedures.   The charges stemmed from the discovery of a $20 bill in a letter sent by petitioner which was returned to the correctional facility due to an insufficient address.

 Although the Hearing Officer acknowledged petitioner's inability to read English, we find no error in the Hearing Officer's conclusion that, based upon past experience with petitioner-including a prior disciplinary hearing-petitioner was sufficiently proficient in the English language to participate in the hearing without the assistance of a Spanish-speaking interpreter (see 7 NYCRR 254.2;  Matter of Zhang v. Murphy, 1 A.D.3d 784, 766 N.Y.S.2d 633 [2003];  Matter of Encarnacion v. Goord, 286 A.D.2d 828, 730 N.Y.S.2d 578 [2001], appeal dismissed, lv. denied 97 N.Y.2d 653, 737 N.Y.S.2d 51, 762 N.E.2d 929 [2001], lv. denied 97 N.Y.2d 606, 738 N.Y.S.2d 289, 764 N.E.2d 393 [2001] ).   Furthermore, given petitioner's uncooperative and disruptive behavior of refusing to participate in the hearing from the outset and continuous interruptions despite the Hearing Officer's warnings that such conduct would lead to his removal, we are unpersuaded by petitioner's contention that he was improperly removed from the hearing (see 7 NYCRR 254.6[a][2];  see also Matter of Bernier v. Goord, 3 A.D.3d 746, 747-748, 770 N.Y.S.2d 795 [2004];  Matter of Sowell v. Goord, 295 A.D.2d 835, 836, 743 N.Y.S.2d 894 [2002];  cf. Matter of Boodro v. Coughlin, 142 A.D.2d 820, 821-822, 530 N.Y.S.2d 337 [1988] ).   We have considered petitioner's remaining contentions and find them to be without merit.

ORDERED that the judgment is affirmed, without costs.