Holmes v. Coughlin

Appeal from a judgment of the Supreme Court (Lewis, J.), entered March 19, 1992 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner argues that his constitutional and regulatory rights were violated when the Hearing Officer interviewed a correction officer oif the record and out of his presence. Insofar as petitioner failed to object to the procedure during the hearing or as part…