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MATTER OF BUCKHANNON v. KELLY

Appellate Division of the Supreme Court of New York, Fourth Department.
Nov 10, 1986

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).