Fournier v. Herbert

—Determination unanimously annulled on the law without costs and petition granted in accordance with the following Memorandum: At the Tier III disciplinary hearing, petitioner was precluded from being present when his witness testified. The Hearing Officer determined that, because petitioner was “confined”, he could not be present. The Hearing Officer’s reason, standing alone, does not support the conclusion that petitioner’s presence would have threatened “institutional safety or correctional goals” (7 NYCRR 254.5 [b]). “[Nlothing in the record suggests that petitioner’s exclusion was…