MATTER OF BURGOS v. COUGHLIN


190 A.D.2d 944 (1993)

In the Matter of Nelson Burgos, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, Respondent

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

February 11, 1993


We reject petitioner's contention that the Hearing Officer erred in not personally interviewing the confidential informant who was an eyewitness to the incident. Although the Hearing Officer relied on the investigating officer's written confidential report and testimony regarding the officer's interview with the informant, the record shows that the Hearing Officer had a sufficient basis to make his own independent assessment of the informant's credibility (see,

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