The motion court's dismissal of the petition was improper because petitioner's due process rights were violated at the disciplinary hearing. Pursuant to respondents' own regulations, an inmate has the right to call witnesses at a disciplinary hearing unless the presiding officer determines that their testimony is immaterial, redundant or would jeopardize safety or institutional goals (9 NYCRR 7006.8 [d]; 39 RCNY 1-03 [a] [10] [iii]; 7 NYCRR 253.5 [a]; 254.5 [a]; Matter...
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