MATTER OF LEWIS v. FISCHER

2013-01883

123 A.D.3d 1032 (2014)

997 N.Y.S.2d 754

2014 NY Slip Op 08997

In the Matter of KENNETH LEWIS, Petitioner, v. BRIAN FISCHER, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

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

Decided December 24, 2014.


Adjudged that the determinations are confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner, Kenneth Lewis, contends that the hearing officer improperly "declined to permit [his] inmate assistant to testify" at one of the two subject hearings. Under the circumstances of this case, and in the absence of any indication that the assistant had "personal knowledge of the facts" (Matter of Gimenez...

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