The following excerpt is from Green v. Uhler, 2016 NY Slip Op 30862 (U) (N.Y. Sup. Ct. 2016):
"An inmate may not be disciplined without being afforded the opportunity to call and present witnesses, but that right is conditional. If a Hearing Officer has determined that the testimony of the requested witnesses would be redundant, irrelevant or threatening to the facility's safety, he is under no obligation to call them. (Internal citations omitted) Matter of Lewis v. Lacy, 233 AD2d 637; see also Matter of Escoto v. Goord, 9 AD3d 518, 519. Moreover, with regard petitioner's request that "any inmate on callout" at the time of incident in question be called to testify, the hearing officer properly denied the request "because they were not in the vicinity of the incident at the time it occurred. Inasmuch as they did not have personal knowledge of facts pertinent to the charges, their testimony was irrelevant." (citation omitted) Tafari v. Fischer, 94 AD3d 1324, 1325, lv. denied, 19 NY3d 807.
Furthermore, the hearing officer noted that petitioner had been informed by his
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