Matter Anthony Dixon v. Thomas A. Coughlin III Book Reviews

Matter Anthony Dixon v. Thomas A. Coughlin III by Supreme Court of New York Book Summary

Determinations unanimously confirmed and petition dismissed. Memorandum: In this CPLR article 78 proceeding, petitioner alleges that the determination that he violated institutional rules was arbitrary and capricious because the hearing officer denied him his right to call certain inmate witnesses and also denied him a fair and impartial hearing. Although these legal issues should have been addressed by Supreme Court without transferring the matter to this Court (see, CPLR 7804[g]), we will reach the merits of petitioner's contentions in the interest of judicial economy (see, Matter of Coleman v Kelly, 130 A.D.2d 976, 977, affd 72 N.Y.2d 850). The witnesses requested by petitioner signed statements refusing to testify, and petitioner did not question those refusals at the hearings (see, Matter of Laureano v Kuhlmann, 75 N.Y.2d 141, 147-148; Matter of Crowley v O'Keefe, 148 A.D.2d 816, 817, lv denied 74 N.Y.2d 613). Petitioner has not established that the hearing officer was biased and the record reveals that petitioner received a fair and impartial hearing.

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Matter Anthony Dixon v. Thomas A. Coughlin III (Supreme Court of New York) Book Reviews 2024

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