Court of Appeals of New York

In a prisoner's article 78 proceeding challenging a misbehavior report charging him with violating prison rules prohibiting assault and violent conduct, the appellate division's dismissal of the petition is affirmed, where: 1) the hearing officer adequately questioned the correction officer who interviewed a confidential informant so as to gauge the basis for the informant's knowledge of the assault and his reliability; and 2) the hearing officer did not abuse his discretion when he declined to call as a witness an additional correction officer from whom petitioner sought testimony.

Appellate Information

• Decided 02/09/2012
• Published 02/09/2012

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• James M. Bogin, Marcus J. Mastracco