FAILURE TO VERIFY THAT TWO WITNESSES REFUSED TO TESTIFY REQUIRED A NEW HEARING.

Although the evidence was sufficient to support the misbehavior determinations, the hearing officer’s handling of petitioner’s requests for two witnesses required a new hearing:

… [T]he Hearing Officer improperly denied petitioner’s request to call two inmate witnesses. Although the Hearing Officer noted that the two witnesses had informed petitioner’s employee assistant that they refused to testify, no explanation for the refusal was given and the Hearing Officer made no attempt to verify the basis for the refusal. Accordingly, we find that petitioner’s regulatory right to call witnesses was violated and the determination of guilt with respect to the charges in the first misbehavior report must be annulled and the matter remitted for a new hearing … . Matter of DeJesus v Venettozzi, 2016 NY Slip Op 08404, 3rd Dept 12-15-16

DISCIPLINARY HEARINGS (INMATES) (FAILURE TO VERIFY THAT TWO WITNESSES REFUSED TO TESTIFY REQUIRED A NEW HEARING)