Sorrentino v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this *1310Court by order of the Supreme Court, entered in Albany County), to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

After a correction officer found heroin in petitioner’s room, he was found guilty of violating a prison disciplinary rule. His administrative appeal was unsuccessful, and this CPLR article 78 proceeding ensued.

We annul. Petitioner requested the testimony of three witnesses who shared a room with him. The Hearing Officer stated that inmate refusal forms for all…