MATTER OF SORRENTINO v. FISCHER

515214.

106 A.D.3d 1309 (2013)

964 N.Y.S.2d 918

2013 NY Slip Op 3533

In the Matter of PATRICK SORRENTINO, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided May 16, 2013.


After a correction officer found heroin in petitioner's room, he was found guilty of violating a prison disciplinary rule. His administrative appeal was unsuccessful, and this CPLR article 78 proceeding ensued.

We annul. Petitioner requested the testimony of three witnesses who shared a room with him. The Hearing Officer stated that inmate refusal forms for all three had been signed by the employee assistant, but not by the inmates, and that no explanations were given...

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