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Hearing Officer’s Refusal to Provide Requested Documents Required Annulment

The Third Department determined the failure to provide the inmate with evidence he requested required the annulment of the guilty determination:

Petitioner requested copies of  any “to/from” forms related to the incident and, despite the fact that one  of the correction officers testified to giving his account  of the events at issue in such  a  form, the Hearing Officer declined to provide petitioner a copy. Inasmuch as that document could have been relevant to formulating petitioner’s defense and effectuating his questioning of the officer, the determination must be annulled… .  Matter of Bermudez v Fischer, 514110, 3rd Dept, 5-16-13

 

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