MATTER OF POTTS v. NEW YORK CITY DEPARTMENT OF CORRECTION


280 A.D.2d 329 (2001)

719 N.Y.S.2d 863

In the Matter of THOMAS POTTS, Appellant, v. NEW YORK CITY DEPARTMENT OF CORRECTION et al., Respondents.

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

Decided February 8, 2001.


The record does not support petitioner's claim that the Hearing Officer arbitrarily limited him to two witnesses at his disciplinary hearing, and that he was thereby denied due process. As the motion court found, the record shows that petitioner had identified two individuals he wanted to call as witnesses, but that such individuals declined to testify because they were sleeping when sent for by the Hearing Officer. The Hearing Officer then directed that the prison dormitory...

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