People ex rel. Bradley v. Smith

Judgment unanimously modified by converting the proceeding to one under CPLR article 78 and, as modified, affirmed. Memorandum: Since habeas corpus is not the appropriate remedy in the circumstances, we convert the proceeding to one under CPLR article 78 seeking review of a determination made at a Tier III superintendent’s hearing (see, CPLR 103 [c]). Petitioner contends that the hearing officer erred in denying him the opportunity to be present during the testimony of his witnesses.

The regulations promulgated by the Commissioner of the Department of Correctional Services provide that "Any…