Opinion
October 1, 1993
Appeal from the Supreme Court, Cayuga County, Contiguglia, J.
Present — Green, J.P., Pine, Fallon, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The failure of the Hearing Officer to call certain witnesses on petitioner's behalf did not deprive petitioner of due process (see, Matter of Laureano v. Kuhlmann, 75 N.Y.2d 141, 146-147; see also, 7 NYCRR 254.5 [a]). The right of petitioner "to produce whatever evidence he may have relating to his innocence" (Matter of Laureano v Kuhlmann, supra, at 146) does not encompass the right to call witnesses whose testimony would be irrelevant or redundant (see, Matter of Irby v. Kelly, 161 A.D.2d 860, 861; see also, Matter of Herrera v. Coughlin, 171 A.D.2d 1081; Matter of White v. Scully, 156 A.D.2d 942; Matter of Bates v. Coughlin, 145 A.D.2d 854, lv denied 74 N.Y.2d 602).
We reject petitioner's contention that the Hearing Officer was biased and improperly acted as "prosecutor" at the Tier III hearing. The record establishes that the hearing was conducted in a fair and impartial manner.
Further, the record shows that the contents of the misbehavior report were corroborated by the testimony of the correction officer who authored the report (see, People ex rel. Vega v Smith, 66 N.Y.2d 130). We have considered petitioner's remaining contention and we find it to be lacking in merit.