From Casetext: Smarter Legal Research

Matter of Oliver v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 19, 1986
125 A.D.2d 947 (N.Y. App. Div. 1986)

Opinion

December 19, 1986

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

Present — Callahan, J.P., Denman, Boomer, Pine and Balio, JJ.


Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: Contrary to the court's assumption, Matter of Coleman v. Coombe ( 65 N.Y.2d 777) does not require a Hearing Officer to call character witnesses to testify on an inmate's behalf at disciplinary hearings.

In balancing the State's considerable interest in the speedy resolution of disciplinary matters with the interest of the prisoner and in light of the questionable value of such evidence, we conclude that the additional burden of calling character witnesses should not be imposed upon prison officials, and that the Hearing Officer did not err by refusing to call petitioner's counselor as a witness (see, Graham v. Baughman, 772 F.2d 441, 445).


Summaries of

Matter of Oliver v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 19, 1986
125 A.D.2d 947 (N.Y. App. Div. 1986)
Case details for

Matter of Oliver v. Kelly

Case Details

Full title:In the Matter of WILLIAM OLIVER, Respondent, v. WALTER R. KELLY, as…

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

Date published: Dec 19, 1986

Citations

125 A.D.2d 947 (N.Y. App. Div. 1986)

Citing Cases

Matter of White v. Scully

The Hearing Officer heard testimony from two of petitioner's four proposed inmate witnesses, and petitioner…

Matter of Gardiner v. Coughlin

The record establishes that on September 6, 1990, the seventh day following the incident, an extension was…