Payne v. Smith

Judgment unanimously affirmed. Memorandum: Petitioner, an inmate at Attica Correctional Facility, was charged with violating disciplinary rules. In a prior CPLR article 78 proceeding, the court annulled the determination of the superintendent and ordered a new proceeding before another hearing officer. Written charges were again served upon the petitioner and he was notified to appear before the new hearing officer. Petitioner did not appear in response to the notice and the hearing officer, relying upon written reports of correction officers and the testimony of the officers at the prior…