From Casetext: Smarter Legal Research

Matter of Lewis v. Coughlin

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1993
198 A.D.2d 507 (N.Y. App. Div. 1993)

Opinion

November 29, 1993


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner was not denied a fair hearing by the Hearing Officer's refusal to call one of several correction officers who witnessed the incident and to furnish the petitioner with a report prepared by another correction officer who witnessed the incident and was called to testify. The additional testimony and the report would have been either redundant or immaterial (see, 7 NYCRR 254.5 [a]; Matter of Sanchez v Irvin, 186 A.D.2d 996). Bracken, J.P., Balletta, Eiber, O'Brien and Pizzuto, JJ., concur.


Summaries of

Matter of Lewis v. Coughlin

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1993
198 A.D.2d 507 (N.Y. App. Div. 1993)
Case details for

Matter of Lewis v. Coughlin

Case Details

Full title:In the Matter of NATHAN LEWIS, Petitioner, v. THOMAS A. COUGHLIN, III, et…

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

Date published: Nov 29, 1993

Citations

198 A.D.2d 507 (N.Y. App. Div. 1993)
605 N.Y.S.2d 930

Citing Cases

In re Igartua

There is no support for the petitioner's claim that he was denied his right to call witnesses on his behalf.…