MATTER OF WILSON v. COUGHLIN

Judgment unanimously reversed on the law, petition granted and matter remitted to respondent Superintendent for a new hearing. Memorandum: At petitioner's Tier II hearing, the Hearing Officer precluded petitioner from offering documentary and testimonial evidence in support of his defense that the charges against him were the product of a pattern of harassment against him by correction officers. That was error. The evidence that petitioner sought to offer was relevant to his defense and to the question of the veracity of the charges against him. "[E]vidence of mitigating circumstances is relevant in a prison inmate disciplinary hearing" (Matter of Bole v Coughlin, 132 A.D.2d 70, 73; Matter of De Mauro v LeFevre, 91 A.D.2d 1156, 1157; see also, 7 NYCRR 253.6 [c]; Matter of Coleman v Coombe, 65 N.Y.2d 777, 780). Therefore, the petition is granted and respondent Superintendent's determination is annulled (see, Matter of Coleman v Coombe, supra; Matter of Huggins v Coughlin, 155 A.D.2d 844, affd 76 N.Y.2d 904; Matter of Bole v Coughlin, supra).