Pisani v. Kelly

— Judgment unanimously affirmed. Memorandum: The Hearing Officer determined that it would jeopardize institutional safety or correctional goals if a correction officer, since transferred to another correctional facility, were required to travel to Attica Correctional Facility to testify at petitioner’s Tier III disciplinary hearing (see, 7 NYCRR 254.5 [b]). The Hearing Officer, thereafter, interviewed the transferred correction officer by telephone. The officer’s tape-recorded statement was made available to petitioner (see, 7 NYCRR 254.5 [b]). The Hearing Officer’s determination had a *946rationa…