From Casetext: Smarter Legal Research

Matter of Salcedo v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Oct 7, 1993
197 A.D.2d 729 (N.Y. App. Div. 1993)

Opinion

October 7, 1993

Appeal from the Supreme Court, Chemung County (Ellison, J.).


Petitioner was found guilty after a Superintendent's hearing of violating rules prohibiting refusal of direct orders, fighting, violent conduct and inflicting bodily harm. He commenced this proceeding contending that he was denied his right to witnesses on his behalf. Supreme Court dismissed the petition and petitioner appeals.

We affirm. Petitioner requested two inmates as witnesses. Both refused to testify. We conclude on the record before us that the Hearing Officer made a meaningful effort to obtain the requested testimony and that petitioner's right to call witnesses was not denied (see, Matter of Maier v. Mann, 187 A.D.2d 850).

Weiss, P.J., Mikoll, Yesawich Jr., Crew III and White, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Salcedo v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Oct 7, 1993
197 A.D.2d 729 (N.Y. App. Div. 1993)
Case details for

Matter of Salcedo v. Coughlin

Case Details

Full title:In the Matter of JUAN SALCEDO, Appellant, v. THOMAS A. COUGHLIN, III, as…

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

Date published: Oct 7, 1993

Citations

197 A.D.2d 729 (N.Y. App. Div. 1993)
602 N.Y.S.2d 246

Citing Cases

Matter of McDonald v. Coughlin

We are, however, unpersuaded, for even if the gap in petitioner's testimony, and the complete loss of…

Matter of Luna v. Coughlin

Nevertheless, as with all hearsay testimony that may be considered in a disciplinary context, the critical…