MEMORANDUM AND ORDER
Pursuant to a misbehavior report dated May 20, 2002, petitioner was charged with violating temporary release rules and the unauthorized use of a controlled substance after petitioner's urine sample twice tested positive for the presence of cocaine. Petitioner was served with the misbehavior report on May 23, 2002. At the ensuing tier III hearing on May 30, 2002, petitioner pleaded guilty to both charges. Petitioner commenced this CPLR article 78 proceeding challenging the determination of guilt on the ground that the hearing was not timely commenced. Supreme Court dismissed the petition and we affirm.
The record establishes that the hearing was completed within the 14 days following the issuance of the misbehavior report (see 7 NYCRR 251-5.1 [b]). Although petitioner claims that the seven-day hearing rule applies (see 7 NYCRR 251-5.1 [a]), the Hearing Officer noted that petitioner was confined on an unrelated matter and, following his confinement, was served with the misbehavior report at issue in this proceeding (see Matter of Lashway v. Brown, 278 A.D.2d 639; Matter of Faison v. Goord, 268 A.D.2d 634; Matter of Faison v. Senkowski, 256 A.D.2d 702, appeal dismissed 93 N.Y.2d 870). "In any event, the time limitations imposed by the regulations are directory and not mandatory" (Matter of Johnson v. Goord, 297 A.D.2d 881 [citation omitted]) and petitioner has claimed no prejudice from any alleged delay (see Matter of Matos v. Goord, 293 A.D.2d 855; Matter of Torres v. Goord, 264 A.D.2d 871).
Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.
ORDERED that the judgment is affirmed, without costs.