IN RE: Sherman BROWN (2006)

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent Superintendent of Woodbourne Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

 In our view, the misbehavior report and testimony at the hearing constitutes substantial evidence supporting the determination finding petitioner guilty of violating the prison disciplinary rule that prohibits being out of place (see Matter of Guerin v. Miller, 16 A.D.3d 799, 790 N.Y.S.2d 771 [2005] ).   According to the misbehavior report, petitioner indicated that he needed to be released from his cell during the noon medication call out.   However, after petitioner was released, the correction officer was informed that petitioner was not an inmate who received medication at noon and that he had, in fact, gone to another cell block purportedly to drop off a medication refill request.   Although petitioner admits that he went to drop off the medication refill request, whether, as petitioner claims, he informed the correction officer where he was going prior to being released from his cell created a credibility issue for the Hearing Officer to resolve (see Matter of Abdul-Matiyn v. Commissioner, State of N.Y. Dept. of Correctional Servs., 250 A.D.2d 1009, 1010, 673 N.Y.S.2d 257 [1998] ).   Finally, under the circumstances herein, petitioner's general challenge to the illegible signature endorsing the misbehavior report does not require annulment of the determination inasmuch as he has demonstrated no prejudice as a result thereof (see generally Matter of Russell v. Selsky, 305 A.D.2d 844, 758 N.Y.S.2d 560 [2003], lv. denied 100 N.Y.2d 510, 766 N.Y.S.2d 164, 798 N.E.2d 348 [2003] ).

Petitioner's remaining arguments have been examined and found to be unpersuasive.

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