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MATTER OF GRAHAM v. NEW YORK STATE DEP'T OF CORR. SERVS.

178 A.D.2d 870 (1991)

In the Matter of Patrick Graham, Appellant, v. New York State Department of Correctional Services et al., Respondents

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

December 31, 1991

We reject petitioner's claim that he had a right to be present during the testimony of the prison facility's Muslim Imam as to whether the pin petitioner wore was a Muslim insignia. The right to be present applies only when an inmate calls a witness (7 NYCRR 253.5 [b]; 254.5 [b]) and not, as was the case here, where the witness is called by the Hearing Officer (see, Matter of Honoret v Coughlin, 160 A.D.2d 1093, lv denied...

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