MATTER OF GONZALEZ v. MANN


186 A.D.2d 326 (1992)

In the Matter of Steven Gonzalez, Petitioner, v. Louis F. Mann, as Superintendent of Shawangunk Correctional Facility, et al., Respondents

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

September 24, 1992


We find merit in the contention that the Hearing Officer erred in denying petitioner's request to call medical personnel who had treated the inmate allegedly assaulted by petitioner so that petitioner could elicit testimony as to the possibility that the injuries sustained were accidental. Given the failure of the only medical professional to testify at the hearing to conclusively rule out accidental injury, such testimony was clearly relevant. The testimony was also not...

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