MATTER OF POLANCO v. COUGHLIN

The misbehavior reports in this case, authored by a correction officer who had first-hand knowledge of the violations at issue, as well as the testimony of the correction officer, provide substantial evidence to support the charges against petitioner (see, Matter of Bernacet v Coughlin, 145 A.D.2d 802, lv denied 74 N.Y.2d 603). Further, the Superintendent's hearing was not untimely. The regulation requiring that such a hearing be held within seven days of confinement is inapplicable where, as here, petitioner was being held in restrictive confinement as the result of a prior disciplinary proceeding (see, Matter of Young v Coughlin, 144 A.D.2d 753, lv dismissed 74 N.Y.2d 625). Finally, given that petitioner is bilingual and was able to participate in the hearing in English, we find no error in the refusal of the Hearing Officer to appoint a Spanish-speaking interpreter or employee assistant for petitioner (see, Matter of Peart v Kelly, 134 A.D.2d 843, lv denied 71 N.Y.2d 801).

Yesawich Jr., J.P., Mercure, Crew III, White and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.