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Matter of Lopez v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 16, 1993
195 A.D.2d 1078 (N.Y. App. Div. 1993)

Opinion

July 16, 1993

Appeal from the Supreme Court, Wyoming County, Dadd, J.

Present — Green, J.P., Lawton, Fallon, Boomer and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Petitioner contends that the Hearing Officer abused his discretion in failing to provide petitioner with two requested witnesses. Six inmates testified on petitioner's behalf at the hearing and each inmate testified consistent with petitioner's version of events. We conclude that the Hearing Officer did not abuse his discretion in concluding that the testimony of the seventh inmate witness would be redundant. Petitioner has not shown that the eighth witness would have offered additional material testimony (see, Matter of Shamsid-Deen v. Selsky, 195 A.D.2d 1084 [decided herewith]; Matter of Herrera v. Coughlin, 171 A.D.2d 1081).


Summaries of

Matter of Lopez v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 16, 1993
195 A.D.2d 1078 (N.Y. App. Div. 1993)
Case details for

Matter of Lopez v. Coughlin

Case Details

Full title:In the Matter of RUBEN LOPEZ, Appellant, v. THOMAS A. COUGHLIN, III, as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 16, 1993

Citations

195 A.D.2d 1078 (N.Y. App. Div. 1993)
601 N.Y.S.2d 901