Green v. Prack

*1204Petitioner contends, among other things, that the transcript of the disciplinary hearing does not include the testimony of a correction sergeant who allegedly made a statement that petitioner did not possess the envelope containing the metal rod and that this deprived petitioner of due process. It appears from the record that the Hearing Officer agreed to have this individual testify at the hearing but, as respondent concedes, such testimony is inexplicably missing from the disciplinary hearing transcript. Inasmuch as it is impossible to ascertain if such testimony would have been exculpatory…