IN RE: Carlos INFANTE (1999)

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 respondents which found petitioner guilty of violating a prison disciplinary rule.

 Petitioner was charged with and found guilty of violating urinalysis procedures when he failed to provide a urine specimen within three hours as required by a prison disciplinary rule.   Petitioner claimed that a medical problem prevented him from submitting a urine sample.   Because petitioner was scheduled to see the facility physician, the hearing was adjourned until after an examination could be performed.   Thereafter, the correctional facility nurse testified that the physician's notes from the examination indicated no overt medical problem preventing petitioner from complying with the request and that, in fact, petitioner was able to comply with the physician's request for a urine sample within 30 minutes.   This testimony, together with the misbehavior report, provides substantial evidence to support the determination of petitioner's guilt (see generally, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966, 563 N.Y.S.2d 728, 565 N.E.2d 477).   We reject petitioner's contention that he was denied the right to call the facility physician as a witness inasmuch as petitioner failed to make such a request until after the determination was rendered (see, e.g., Matter of Hein v. Goord, 249 A.D.2d 661, 662, 671 N.Y.S.2d 198, 199).   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.