Opinion
January 17, 1995
Appeal from the Supreme Court, Westchester County (LaCava, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
In light of the petitioner's failure to show how the medical report that he requested was relevant to his defense (see, Matter of Giano v. Sullivan, 137 A.D.2d 529), we conclude that the Hearing Officer did not err by refusing to furnish the petitioner with a copy of the report.
We reject the petitioner's contention that he was deprived of his right to call as his witness the victim of the assault. Pursuant to 7 NYCRR 254.5 (a), a Hearing Officer is required to give an inmate a written statement if the inmate's request to call a witness is denied. The record indicates that the Hearing Officer in this case provided the petitioner with a form, signed by the victim, on which he had checked a box indicating that he did "not want to be involved" and on which he had added a handwritten statement. Accordingly, we conclude that, in this instance, the requirements of 7 NYCRR 254.5 (a) were met (see, Matter of Laureano v. Kuhlmann, 75 N.Y.2d 141, 147). Miller, J.P., O'Brien, Thompson, Santucci and Joy, JJ., concur.