198 A.D.2d 507 605 N.Y.S.2d 930

In the Matter of Nathan Lewis, Petitioner, v Thomas A. Coughlin, III, et al., Respondents.

[605 NYS2d 930]

—Proceeding pursuant to CPLR article 78 to review a determination of the respondents, dated July 4, 1990, which, after a superintendent’s hearing, found the petitioner guilty of violating rules of inmate conduct and imposed a penalty of confinement to a special housing unit for a period of three years.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner was not denied a fair hearing by the Hearing Officer’s refusal to call one of several correction officers who witnessed the incident and to furnish the petitioner with a report prepared by another correction officer who witnessed the incident and was called to testify. The additional testimony and the report would have been either redundant or immaterial (see, 7 NYCRR 254.5 [a]; Matter of Sanchez v Irvin, 186 AD2d 996). Bracken, J. P., Balletta, Eiber, O’Brien and Pizzuto, JJ., concur.

Lewis v. Coughlin
198 A.D.2d 507 605 N.Y.S.2d 930

Case Details

Name
Lewis v. Coughlin
Decision Date
Nov 29, 1993
Citations

198 A.D.2d 507

605 N.Y.S.2d 930

Jurisdiction
New York

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