MEMORANDUM AND JUDGMENT
Petitioner was suspected of using drugs and required to provide a urine specimen, which tested positive for the presence of cannabinoids. As a result, he was charged in a misbehavior report with using a controlled substance. Following a tier III disciplinary hearing, petitioner was found guilty as charged. The determination of guilt was upheld on administrative appeal, with a modified penalty, and this CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, positive urinalysis test results and testimony of the correction officer who tested petitioner's urine specimen provide substantial evidence to support the determination (see Matter of Alexander v. Goord, 3 A.D.3d 638; Matter of Felton v. Selsky, 2 A.D.3d 1033, lv dismissed ___ N.Y.3d ___ [Apr. 1, 2004]). We find no error in the denial of petitioner's request to have the request for urinalysis form of another inmate admitted in evidence at the hearing as it was irrelevant to the charge against petitioner ( see Matter of Spirles v. Goord, 308 A.D.2d 610, 611; Matter of Weatherly v. Goord, 268 A.D.2d 642, 643). Furthermore, we are unpersuaded by petitioner's claim of hearing officer bias as the record discloses that the hearing was conducted in a fair and impartial manner, and there is no indication that the determination flowed from any alleged bias ( see Matter of Johnson v. Goord, 4 A.D.3d 582, 584, lv denied ___ N.Y.3d ___ [June 10, 2004]; Matter of Simpson v. Goord, 308 A.D.2d 641, 642, lv denied ___ N.Y.3d ___ [Apr. 6, 2004]). Petitioner's remaining contentions are either unpreserved or lacking in merit.
Cardona, P.J., Crew III, Carpinello, Rose and Lahtinen, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.