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Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating prison disciplinary rules prohibiting physical interference, the possession of unauthorized articles, smuggling, refusing to obey a direct order and violating the facility's visiting room procedures. Initially, we reject petitioner's contention that he should have been provided with the assistance of a Spanish interpreter. An interpreter is required only when an inmate cannot understand English (see 7 NYCRR 253.2, 254.2; Matter of Wan Zhang v Murphy, 1 AD3d 784, 785 [2003]). Here, the record reveals that petitioner "was sufficiently fluent in English to understand and knowledgeably participate in the disciplinary hearing" (Matter of Santiago v Goord, 253 AD2d 970, 970 [1998]; see Matter of Martinez v Goord, 17 AD3d 804, 805 [2005]; Matter of Encarnacion v Goord, 17 AD3d 749, 749-750 [2005]). Moreover, petitioner's correction counselor testified that she communicated with petitioner in English only and that his records indicated that he was [*2]bilingual. Thus, inasmuch as the misbehavior report and the testimony of the correction officer who prepared it provide substantial evidence of petitioner's guilt (see Matter of Branch v Goord, 4 AD3d 699, 700 [2004]; Matter of Gonzalez v Goord, 2 AD3d 1173, 1173 [2003]), the determination will not be disturbed.

Cardona, P.J., Spain, Mugglin, Lahtinen and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.