MATTER OF FINNEY v. LEONARDO


178 A.D.2d 698 (1991)

In the Matter of Larry Finney, Petitioner, v. Arthur A. Leonardo, as Superintendent of Great Meadow Correctional Facility, et al., Respondents

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

December 5, 1991


Petitioner contends that the Hearing Officer erred when he allowed one correction officer to testify in the presence of another correction officer who was later asked to testify. Prior to the taking of any testimony on the second day of the hearing, the Hearing Officer specifically announced who was present in the room. Petitioner made no objection at this time as to the presence of anyone, and his failure to do so when the Hearing Officer could have done something about...

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