IN RE: Willie READDON (2000)

Appeal from a judgment of the Supreme Court (Demarest, J.) entered June 1, 1999 in St. Lawrence County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

 Petitioner, a prison inmate, was found guilty of participating in and/or urging others to participate in an action detrimental to the order of the facility after petitioner ordered various inmates to refuse their meals in a protest against the facility's food.   Initially, we reject petitioner's contention that he was denied effective inmate assistance because his assistant failed to obtain statements from petitioner's requested witnesses.   The record reveals that all of petitioner's witnesses testified at the hearing and, therefore, petitioner has failed to establish how he was prejudiced by the lack of written statements (see, Matter of Dawes v. Coughlin, 217 A.D.2d 726, 727, 629 N.Y.S.2d 305, lv. denied 86 N.Y.2d 712, 635 N.Y.S.2d 949, 659 N.E.2d 772;  Matter of Bryant v. Mann, 160 A.D.2d 1086, 553 N.Y.S.2d 569, lv.denied 76 N.Y.2d 706, 560 N.Y.S.2d 988, 561 N.E.2d 888).

 Next, we reject petitioner's contention that the 24-hour rule was violated.   The record reveals that petitioner was served the misbehavior report on December 31, 1998 and also met with his assistant the same day.   Petitioner again met with his assistant on January 4, 1999.   Subsequently, the hearing commenced several hours later.   Accordingly, the hearing was commenced at least 24 hours after petitioner's first meeting with the assistant and the rule was not violated (see, 7 NYCRR 254.6[a];  Matter of Feliciano v. Selsky, 239 A.D.2d 799, 658 N.Y.S.2d 147).   Further, petitioner has failed to demonstrate prejudice arising from any other irregularities in the record (see, Matter of Fama v. Mann, 196 A.D.2d 919, 603 N.Y.S.2d 774, lv. denied 82 N.Y.2d 662, 610 N.Y.S.2d 149, 632 N.E.2d 459).

ORDERED that the judgment is affirmed, without costs.

MEMORANDUM DECISION.