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In the Matter of LENSY BUCKHANNON, Respondent, v. WALTER R. KELLY, as Superintendent of Attica Correctional Facility, Appellant.

Judgment unanimously reversed on the law and petition dismissed. Memorandum: In each of these appeals an inmate charged with violating a disciplinary rule requested to be present when his witnesses were interviewed during a Superintendent's proceeding. The respective Hearing Officers denied each request on the ground that the witnesses' presence in special confinement units would jeopardize the security of the units or the safety of the witnesses. On these records, those reasons were rationally based (see, Matter of Cortez v Coughlin, 67 N.Y.2d 907, 909; People ex rel. Bradley v Smith, 115 A.D.2d 225; see also, Matter of Tracey v Coughlin, 122 A.D.2d 459).

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MATTER OF BUCKHANNON v. KELLY
(Nov 10, 1986)