MEMORANDUM AND JUDGMENT
Petitioner, a prison inmate, was found guilty of drug use after two tests performed on a single sample of his urine tested positive for cannabinoids. In our view, the misbehavior report and the testimony from the SYVA technical representative refuting petitioner's claim that his authorized medication produced a false positive result constitute substantial evidence supporting the charge of drug use (see, Matter of Bacchi v. Lacy, 267 A.D.2d 527;Matter of Miller v. Goord, 262 A.D.2d 906). Furthermore, the chain of custody was sufficiently documented and a proper foundation was laid for the reliance on the positive test results.
We also reject petitioner's contention that he was denied his right to call witnesses. The record reveals that petitioner waived his right to call any witnesses by failing to request their testimony at the hearing (see, Matter of Benton v. Couture, 269 A.D.2d 642, 703 N.Y.S.2d 558). We have examined petitioner's remaining arguments, including his claim of Hearing Officer bias, his challenge to the adequacy of his employee assistance and his contention that he was denied documentary evidence, and, to the extent that they have been preserved for appellate review, find them to be without merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.