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PEOPLE EX REL. CATAPANO v. SMITH

115 A.D.2d 248 (1985)

The People of the State of New York ex rel. Peter Catapano, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 15, 1985

Judgment unanimously affirmed.

Memorandum:

The hearing officer complied with 7 NYCRR 254.5 (b) in determining that petitioner's witnesses should testify out of his presence (see, People ex rel. Bradley v Smith, 115 A.D.2d 225). We find no error in the refusal to interview Mr. Folkes, a Commission monitor, as a witness. The Commission's policy that its monitors should remain neutral and not testify at disciplinary...

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