Opinion
October 1, 1993
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Green, J.P., Balio, Fallon, Doerr and Boehm, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: We reject petitioner's challenges to the reliability of the EMIT test. The correction officers who collected and tested petitioner's urine sample reasonably complied with the regulations governing urinalysis testing (see, 7 N.Y.CRR part 1020; Matter of Melette v. Berry, 181 A.D.2d 950, 951, lv dismissed 80 N.Y.2d 1022; Matter of Hop Wah v. Coughlin, 153 A.D.2d 999, lv denied 75 N.Y.2d 705), and nothing in the record suggests that there was any defect in the chain of custody (see, Matter of McGill v. Coughlin, 182 A.D.2d 1103). The Hearing Officer was entitled to rely on the result of the EMIT test in finding petitioner guilty of violating rule 113.12 ( 7 NYCRR 270.2 [B] [14] [iii]), prohibiting use of a controlled substance (see, Matter of Lahey v. Kelly, 71 N.Y.2d 135).
Although petitioner's hearing was not completed within 14 days following the writing of the misbehavior report (see, 7 NYCRR 251-5.1 [b]), extensions were properly authorized by the Commissioner's designee (see, Matter of Graham v. Henderson, 158 A.D.2d 911). Further, the 14-day time limit is directory only and there is no indication of any substantive prejudice to petitioner resulting from the delay (see, Matter of Lugo v Coughlin, 182 A.D.2d 920; Matter of Rosado v. Kuhlmann, 164 A.D.2d 199, lv denied 77 N.Y.2d 806).