Determination unanimously annulled on the law without costs and petition granted in accordance with the following Memorandum: While an inmate at Rochester Correctional Facility (RCF), petitioner was charged with violating inmate rule 108.10 (7 NYCRR 270.2 [B] [9] [i]) by escaping from that facility. At his Tier III hearing, petitioner asked to call an RCF employee as a witness. Petitioner had a right to be present during the testimony of that witness unless the Hearing Officer...
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