Petitioner was found guilty after a disciplinary hearing of violating rules prohibiting possession of a weapon and unauthorized medication and was given a penalty which included 30 days' confinement in the special housing unit. Petitioner contends that this penalty, when combined with his two-day prehearing confinement, exceeded the maximum 30-day confinement limit on penalties imposed after a disciplinary hearing. Petitioner also argues that the record is inadequate.
Any gaps in the transcript of the disciplinary hearing do not preclude significant review in this case (see, Matter of Machado v Leonardo, 180 A.D.2d 936). Further, petitioner has not demonstrated prejudice arising from any other irregularities in the record (see, Matter of Fahey v Public Health Council, Dept. of Health, 89 A.D.2d 702, 704). As to the merits, nothing in the regulations of the Department of Correctional Services requires that petitioner's prehearing segregation be credited toward the segregation imposed as a penalty after a disciplinary hearing.
Weiss, P.J., Mikoll, Mercure and Mahoney, JJ., concur. Ordered that the judgment is affirmed, without costs.