MEMORANDUM AND JUDGMENT
Petitioner, a prison inmate, was found guilty of possession of escape items, possession of contraband and smuggling after a package traced to petitioner's nickname and handwriting was found containing a handcuff key and a note detailing the smuggling of the package. The testimony of the correction officer who authored the misbehavior report, the testimony of the counselor who identified petitioner's nickname, petitioner's own testimony and the physical evidence provide substantial evidence to support the determination of petitioner's guilt (see, Matter of Ellis v. Coombe, 253 A.D.2d 945; Matter of Sime v. Department of Correctional Services, Comr., 252 A.D.2d 692). Contrary to petitioner's contention, "the trier of fact (here, the Hearing Officer) may make his or her own comparison of handwriting samples in the absence of expert testimony on the subject" (Matter of Smith v. Coughlin, 198 A.D.2d 726, 726). Thus, the Hearing Officer's examination of the handwriting samples was proper.
We also reject petitioner's contention that he was denied meaningful employee assistance. "To succeed on such a claim, petitioner was required to establish that prejudice resulted from any failure of the assistant to comply with his duties" (Matter of Maier v. Mann, 187 A.D.2d 850, 850-851). The record reveals that petitioner's assistant responded to petitioner's requests. However, the materials that petitioner requested that the assistant was unable to obtain were either confidential or unavailable. Accordingly, petitioner has failed to demonstrate that he suffered any prejudice (see, Matter of Ventimiglia v. Coombe, 233 A.D.2d 610). We have examined petitioner's remaining contentions and find them to be without merit.
Mercure, J.P., Spain, Mugglin, Rose and Lahtinen, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.