From Casetext: Smarter Legal Research

Matter of White v. Scully

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1989
156 A.D.2d 942 (N.Y. App. Div. 1989)

Opinion

December 20, 1989

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

Present — Dillon, P.J., Boomer, Green, Pine and Balio, JJ.


Determination unanimously confirmed and petition dismissed. Memorandum: The determination made at petitioner's Tier III disciplinary hearing that he violated certain inmate rules is supported by substantial evidence in the record. Petitioner was not impermissibly denied his right to call witnesses. The Hearing Officer heard testimony from two of petitioner's four proposed inmate witnesses, and petitioner acknowledged that their testimony was descriptive and complete. Thus the Hearing Officer correctly ruled that the testimony of additional witnesses would be "repetitive and redundant" (see, 7 NYCRR 254.5 [a]; Matter of Brown v Scully, 137 A.D.2d 595). The Hearing Officer also properly denied petitioner's request to call character witnesses (see, Matter of Oliver v Kelly, 125 A.D.2d 947, lv denied 69 N.Y.2d 608).


Summaries of

Matter of White v. Scully

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1989
156 A.D.2d 942 (N.Y. App. Div. 1989)
Case details for

Matter of White v. Scully

Case Details

Full title:In the Matter of EDWARD WHITE, Petitioner, v. CHARLES J. SCULLY, as…

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

Date published: Dec 20, 1989

Citations

156 A.D.2d 942 (N.Y. App. Div. 1989)
549 N.Y.S.2d 240

Citing Cases

Matter of Lewis v. Coughlin

Nor is there merit to the contention that petitioner was deprived of his right to present witnesses and…

Matter of Charles v. Coughlin

The record demonstrates that testimony was received from all of the witnesses who had been requested by the…