Coleman v. Kelly

Judgment unanimously affirmed. Memorandum: The Hearing Officer determined that it would jeopardize insti*540tutional safety and correctional goals to transport four inmate witnesses from one correctional facility to another to testify at petitioner’s disciplinary hearing; therefore, the Hearing Officer interviewed the witnesses when petitioner was not present. The Hearing Officer’s determination had a rational basis and complied with the applicable regulation (see, 7 NYCRR 254.5; People ex rel. Bradley v Smith, 115 AD2d 225, lv denied 67 NY2d 604).

Petitioner was found guilty of four separate…