Opinion
CA 02-02534.
February 11, 2004.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered September 23, 2002 in a proceeding pursuant to CPLR article 78. The judgment dismissed the amended petition and confirmed respondent's determination finding that petitioner had violated various inmate rules.
WYOMING COUNTY-ATTICA LEGAL AID BUREAU, ATTICA (JERRY M. ADER OF COUNSEL), FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (PATRICK BARNETT-MULLIGAN OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Before: PRESENT: GREEN, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly confirmed respondent's determination finding petitioner guilty of violating inmate rules 103.20 ( 7 NYCRR 270.2 [B] [4] [ii] [solicitation]) and 107.11 ( 7 NYCRR 270.2 [B] [8] [ii] [harassment]) and dismissed the amended petition. The charges arose from a letter written and sent by petitioner to a woman outside the correctional facility. Contrary to the contention of petitioner, he was not improperly denied the right to call the recipient of the letter as a witness. Rather, the record before the Hearing Officer establishes that the proposed witness refused to testify ( see Matter of Raqiyb v. Goord, 261 A.D.2d 940).