Kane, J.
Petitioner appeals a determination finding him guilty of charges stemming from his assault on Correction Officer Alec Saddlemire. According to Saddlemire's misbehavior report, petitioner took a swing and struck him in the forehead during a pat frisk. Petitioner then assumed a "fighting stance", refused an order to return to his cell and was pushed back therein by Saddlemire.
On appeal, petitioner argues that he was erroneously denied access to the use of force report and sergeant's report, documents relied on by the Hearing Officer to support a finding of guilt. Although generally such denial might constitute reversible error (see, Matter of Freeman v. Coughlin, 138 A.D.2d 824), in this instance the documents were reiterations of a misbehavior report which contained substantial evidence to support the determination. There was nothing of relevance in those documents that petitioner was not aware of or did not have access to (see, Matter of Boyd v. Coughlin, 105 A.D.2d 532, 534), so that any "reliance" on them by the Hearing Officer was harmlessly redundant. The documents at issue here were not necessary to support the determination (cf., Matter of Freeman v Coughlin, supra) and, as there was no genuine prejudice to petitioner's defense preparation, the failure to provide those documents is not grounds for granting the petition.
We also reject petitioner's argument that he was improperly excluded from the hearing during witness testimony. The record contains ample basis for denying his presence (see, Matter of Laureano v. Kuhlmann, 75 N.Y.2d 141, 147). Accordingly, the petition is meritless and was properly dismissed.
Judgment affirmed, without costs. Mahoney, P.J., Kane, Casey, Mercure and Harvey, JJ., concur.