Home/Appellate Division of the Supreme Court of New York/People ex rel. Catapano v. Smith

People ex rel. Catapano v. Smith

115 A.D.2d 248, 495 N.Y.S.2d 856, 1985 N.Y. App. Div. LEXIS 54497
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 15, 1985
StatusPublished
Cited by2 cases

This text of 115 A.D.2d 248 (People ex rel. Catapano v. Smith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. Catapano v. Smith, 115 A.D.2d 248, 495 N.Y.S.2d 856, 1985 N.Y. App. Div. LEXIS 54497 (N.Y. Ct. App. 1985).

Opinion

Judgment unanimously affirmed. Memorandum: The hearing officer complied with 7 NYCRR 254.5 (b) in determining that petitioner’s witnesses should testify out of his presence (see, People ex rel. Bradley v Smith, 115 AD2d 225). We find no error in the refusal to interview Mr. Folkes, a Commission monitor, as a witness. The Commission’s policy that its monitors should remain neutral and not testify at disciplinary proceedings is reasonable and consistent with the orderly administration of a correctional institution. (Appeal from judgment of Supreme Court, Wyoming County, Broughton, J.—habeas corpus.) Present—Callahan, J. P., Denman, Boomer, Green and Pine, JJ.

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Bluebook (online)
115 A.D.2d 248, 495 N.Y.S.2d 856, 1985 N.Y. App. Div. LEXIS 54497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-catapano-v-smith-nyappdiv-1985.