The determination was upheld on administrative appeal, and this CPLR article 78 proceeding ensued.Addressing petitioner's procedural contentions first, “the charges resulted from an ongoing investigation and involved numerous and varied contacts, [and] we find that the misbehavior report adequately apprised petitioner of the charges against him and provided sufficient information to allow him to prepare a defense” (Matter of Williams v. Fischer, 114 A.D.3d 977, 977, 979 N.Y.S.2d 858 [2014], lv. denied 23 N.Y.3d 903, 2014 WL 1887356 [2014] ; see Matter of Wilson v. Fischer, 120 A.D.3d 1477, 1478, 991 N.Y.S.2d 916 [2014] ). The record further establishes that any defects in his prehearing assistance were remedied by the Hearing Officer (see Matter of LaMountain v. Fischer, 120 A.D.3d 1508, 1509, 992 N.Y.S.2d 456 [2014] ; Matter of Scott v. Prack, 117 A.D.3d 1300, 1300–1301, 985 N.Y.S.2d 770 [2014] ).
Contrary to his contention, the rules do not require that, following a positive result on the first test, the second urinalysis test on the sample be performed by a second, different tester (see 7 NYCRR 1020.4 [1][f][iv] ). Further, the Hearing Officer did not err in denying his request to call as a witness the chart sergeant to establish that no other qualified officer was present to conduct the second test, because such testimony was irrelevant (see Matter of Williams v. Fischer, 114 A.D.3d 977, 977, 979 N.Y.S.2d 858 [2014], lv. denied 23 N.Y.3d 903, 2014 WL 1887356 [2014] ). With regard to petitioner's claim that the test was improperly approved a day before it was requested, the testimony of the watch commander who approved the test request clarified that he made a clerical error in the date on the request form and that the test was, in fact, approved the following day, after it had been requested.
We confirm. Initially, we reject petitioner's contention that the misbehavior report failed to provide him with sufficient notice of the charge against him due to a lack of specific times, dates and places of the alleged conduct. Inasmuch as the charge resulted from an investigation involving several contacts between petitioner and the victim, we conclude that the misbehavior report contained sufficient information to adequately apprise petitioner of the charge against him in order to enable him to prepare a defense ( see Matter of Williams v. Fischer, 114 A.D.3d 977, 977, 979 N.Y.S.2d 858 [2014], lv. denied23 N.Y.3d 903, 2014 WL 1887356 [2014]; Matter of Eugenio v. Fischer, 112 A.D.3d 1017, 1017, 976 N.Y.S.2d 316 [2013], lv. denied22 N.Y.3d 863, 2014 WL 1243300 [2014] ). We also reject petitioner's contention that he impermissibly was denied the right to call a certain witness, as the requested witness was not present during the incidents that gave rise to the charge and, therefore, could not provide relevant testimony ( see Matter of Boyd v. Fischer, 108 A.D.3d 995, 996, 969 N.Y.S.2d 251 [2013]; Matter of Blackwell v. Fischer, 106 A.D.3d 1346, 1346, 965 N.Y.S.2d 256 [2013] ).
Inasmuch "[a]s the charges resulted from an ongoing investigation and involved numerous and varied contacts, [the Court] find[s] that the misbehavior report adequately apprised petitioner of the charges against him and provided sufficient information to allow him to prepare defense." Williams v. Fischer, 114 AD3d 977 (citation omitted). See also Meachem v. Fischer, 108 AD3d 973, Kornegay v. Goord, 21 AD3d 1236, 1236-1237, Shabazz v. Goord, 309 AD2d 999, Millan v. Goord, 284 AD2d 827 and Hayward v. Fischer, 101 AD3d 1308, 1309 (holding that "[t]he misbehavior report, which was the result of an investigation based upon confidential information, provided the date upon which the investigation was concluded and set forth sufficient details as to apprise petitioner of the charges and enable him to prepare a defense").
Accordingly, the Court finds that petitioner's constitutional/regulatory right to call witnesses on his behalf was not violated by the hearing officer's denial of his request that then Superintendent Rock be called as a witness. See Williams v. Fischer, 114 AD3d 977, lv denied 23 NY3d 903.