Appeal from a judgment of the Supreme Court (O’Brien, III, J.), entered May 19, 2004 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CFLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.
Fetitioner commenced this CFLR article 78 proceeding challenging a prison disciplinary determination finding him guilty of violating the prison disciplinary rules that prohibit possession of unauthorized property, smuggling and violating facility correspondence procedures. The charges stemmed from the discovery of a $20 bill in a letter sent by petitioner which was returned to the correctional facility due to an insufficient address.
Although the Hearing Officer acknowledged petitioner’s inability to read English, we find no error in the Hearing Officer’s conclusion that, based upon past experience with petitioner— including a prior disciplinary hearing—petitioner was sufficiently proficient in the English language to participate in the hearing without the assistance of a Spanish-speaking interpreter (see 7 NYCRR 254.2; Matter of Wan Zhang v Murphy, 1 AD3d 784 [2003]; Matter of Encarnacion v Goord, 286 AD2d 828
Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the judgment is affirmed, without costs.
