Cortez v. Coughlin

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

In Matter of Garcia v LeFevre (64 NY2d 1001), we held that because inmate Garcia was not given any reason for the hearing officer’s decision not to allow his witnesses to testify in his presence at the Tier III disciplinary hearing, the determination violated the Commissioner’s own regulations and was, therefore, irrational. Here, unlike in Garcia, the petitioner was provided with a form which indicated that, because both he and all his witnesses were Special Housing Unit inmates, the witnesses would not be…