Opinion
October 7, 1993
Appeal from the Supreme Court, Chemung County (Ellison, J.).
Petitioner was found guilty after a Superintendent's hearing of violating rules prohibiting refusal of direct orders, fighting, violent conduct and inflicting bodily harm. He commenced this proceeding contending that he was denied his right to witnesses on his behalf. Supreme Court dismissed the petition and petitioner appeals.
We affirm. Petitioner requested two inmates as witnesses. Both refused to testify. We conclude on the record before us that the Hearing Officer made a meaningful effort to obtain the requested testimony and that petitioner's right to call witnesses was not denied (see, Matter of Maier v. Mann, 187 A.D.2d 850).
Weiss, P.J., Mikoll, Yesawich Jr., Crew III and White, JJ., concur. Ordered that the judgment is affirmed, without costs.