Opinion
March 13, 1998
Appeal from the Supreme Court, Wyoming County, Dadd, J.)
Present — Pine, J. P., Wisner, Callahan, Boehm and Fallon, JJ.
Determination unanimously annulled on the law without costs and petition granted. Memorandum: The determination that petitioner violated certain prison disciplinary rules was based upon information supplied by confidential informants who did not appear at the disciplinary hearing and who were not interviewed by the Hearing Officer. The confidential testimony of the correction officer who spoke to the informants was not sufficiently specific and detailed to enable the Hearing Officer to conduct an independent assessment of the credibility of the informants (see, Matter of Abdur-Raheem v. Mann, 85 N.Y.2d 113, 122-123; Matter of Huggins v. Coughlin, 184 A.D.2d 823; Matter of Wynter v. Jones, 135 A.D.2d 1032, 1033). Without the informants' information, the determination is not supported by substantial evidence (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139). We therefore annul the determination, grant the petition and direct that all references thereto be expunged from petitioner's record.