YARBROUGH v. GOORD

Petitioner was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine twice tested positive for the presence of cannibinoids. We reject petitioner's contention that the misbehavior report did not comply with the requirements of 7 NYCRR 251-3.1 because it was typewritten. Although the misbehavior report was a typewritten form, there is no requirement that it be handwritten (see generally Matter of Bryant v. Coughlin, 77 N.Y.2d 642). In any event, the correction officer who performed the tests on petitioner's urine specimen filled in the specific information pertaining to petitioner and it was sufficient to allow petitioner to prepare a defense (see Matter of Couch v. Goord, 255 A.D.2d 720). Similarly without merit is petitioner's challenge to the chain of custody. The testing form, corroborated by the testimony of the correction officer who performed the tests, sufficiently established an unbroken chain of custody (see 7 NYCRR 1020.4 [e]; Matter of Holley v. Goord, 290 A.D.2d 769; Matter of Smart v. Goord, 266 A.D.2d 606).

CARDONA, P.J., CREW III, SPAIN, MUGGLIN and LAHTINEN, JJ., concur.

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