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MATTER OF MARTIN v. COUGHLIN

139 A.D.2d 650 (1988)

In the Matter of Reginald Martin, Appellant, v. Thomas A. Coughlin et al., Respondents

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

April 18, 1988

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted to the extent that the determination is annulled, and the matter is remitted to the respondents for a new Tier III hearing.

The respondents concede, and we agree, that a new Tier III hearing must be held since the petitioner was denied his procedural rights when a witness did not testify in the petitioner's presence...

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