Opinion
January 13, 2000
Appeal from a judgment of the Supreme Court (Demarest, J.), entered December 15, 1998 in St. Lawrence County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding that petitioner violated certain prison disciplinary rules.
Kenneth Spulka, Comstock, appellant in person.
Eliot Spitzer, Attorney-General (Nancy A. Spiegel of counsel), Albany, for respondents.
Before: CARDONA, P.J., MERCURE, CREW III, SPAIN and GRAFFEO, JJ.
MEMORANDUM AND ORDER
Petitioner, a prison inmate, was charged with making false statements, possessing a contraband, refusing a direct order and failing to comply with frisk procedures. Petitioner was subsequently found guilty after a disciplinary hearing of the later two charges. Petitioner commenced this CPLR article 78 proceeding challenging this determination and Supreme Court dismissed the petition.
We reject petitioner's contention that he was denied relevant documentary evidence, i.e., a copy of the urinalysis test results, which he contends was needed in order to establish his defense to the charges. Likewise, we find unpersuasive petitioner's contention that the failure to produce the urinalysis test results constituted inadequate assistance. The urinalysis test results were irrelevant to the charges under consideration (see, Matter of Williams v. Selsky, 257 A.D.2d 932, 933; Matter of Rowlett v. Coombe, 242 A.D.2d 798, 799). The assistant's failure to produce irrelevant documentation does not amount to inadequate assistance (see, Matter of Rowlett v. Coombe, supra, at 799). Petitioner's remaining contentions are unpreserved for our review (see, Matter of Figueroa v. Lacy, 260 A.D.2d 765; Matter of Weathersby v. Goord, 257 A.D.2d 934) or have been abandoned.
CARDONA, P.J., MERCURE, CREW III, SPAIN and GRAFFEO, JJ., concur.
ORDERED that the judgment is affirmed, without costs.