IN RE: Matthew BONAGURO (1998)

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 respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances after two urinalysis tests resulted in positive readings for the presence of opiates.   Petitioner challenges the determination of his guilt on the ground that it was not supported by substantial evidence.   We disagree.

 Among the evidence presented against petitioner at his disciplinary hearing was the misbehavior report, documentation relating to the positive results of the urinalysis tests and testimony of the correction officers who conducted the tests and authored the report, averring that it was petitioner's urine that was tested and that all test procedures and protocols had been carefully followed.   This was sufficient to constitute substantial evidence of petitioner's guilt (see, Matter of Bonilla v. Coombe, 221 A.D.2d 782, 633 N.Y.S.2d 668, lv. denied 87 N.Y.2d 807, 641 N.Y.S.2d 829, 664 N.E.2d 895).   The testimony given by petitioner and his inmate witnesses, to the effect that the urine tested could not have been petitioner's because he did not submit a sample on the date in question, raised an issue of credibility for resolution by the Hearing Officer (see, Matter of Rodriguez v. Coombe, 249 A.D.2d 655, 671 N.Y.S.2d 195, 196;  Matter of Wood v. Selsky, 240 A.D.2d 876, 658 N.Y.S.2d 723).

We have examined petitioner's remaining contentions, including his assertions that there were gaps in the chain of custody of his urine sample and that the testing thereof was not in accordance with the procedures set forth in 7 NYCRR 1020.3 and 1020.4, and find them to be without merit (see, Matter of Symmonds v. Goord, 244 A.D.2d 737, 666 N.Y.S.2d 48;  Matter of Sierra v. Goord, 241 A.D.2d 617, 660 N.Y.S.2d 1013).

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

GRAFFEO, J.

CARDONA, P.J., and MERCURE, SPAIN and CARPINELLO, JJ., concur.