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Hearsay Not Assessed for Reliability—Determination Annulled

The Third Department annulled a determination that was based upon hearsay which had not been assessed for reliability:

While hearsay evidence may constitute substantial evidence to support a determination of guilt, it must be sufficiently detailed to allow the Hearing Officer to independently assess its reliability and credibility … .   The basis for the charges here were written and oral statements by inmates implicating petitioner as the thief.  There is no indication, however, that those statements were independently reviewed by the Hearing Officer, who based his determination solely upon the misbehavior report and testimony of the correction lieutenant who authored it.  Matter of Carrasquillo…, 515970, 3rd Dept 9-19-13

 

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