MATTER OF HILL v. SELSKY


19 A.D.3d 64 (2005)

795 N.Y.S.2d 794

In the Matter of ROBERT HILL, Respondent, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Appellants.

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

May 26, 2005.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Frank Brady of counsel), for appellants.

Robert Hill, Elmira, respondent pro se.

CARDONA, P.J., PETERS, SPAIN and CARPINELLO, JJ., concur.


OPINION OF THE COURT

MERCURE, J.

This appeal provides us with an opportunity to set forth the circumstances in which a hearing officer conducting a tier III prison disciplinary proceeding must personally ascertain the reasons for the refusal of an inmate witness to testify on behalf of the charged inmate.

Petitioner, an inmate at Southport Correctional Facility...

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