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MATTER OF PISANI v. KELLY

147 A.D.2d 945 (1989)

In the Matter of Adolfo Pisani, Appellant, v. Walter J. Kelly, as Superintendent of Attica Correctional Facility, et al., Respondents

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

February 3, 1989

Judgment unanimously affirmed.

Memorandum:

The Hearing Officer determined that it would jeopardize institutional safety or correctional goals if a correction officer, since transferred to another correctional facility, were required to travel to Attica Correctional Facility to testify at petitioner's Tier III disciplinary hearing (see, 7 NYCRR 254.5 [b]). The Hearing Officer, thereafter, interviewed the transferred correction officer by telephone. The...

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