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MATTER OF HENRY v. FISCHER

Motion No. 2016-1129.

28 N.Y.3d 1135 (2016)

68 N.E.3d 1221

46 N.Y.S.3d 491

2016 NY Slip Op 08395

In the Matter of JEVON HENRY, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Court of Appeals of New York.

Decided December 15, 2016.

Attorney(s) appearing for the Case

Main Street Legal Services, Inc., Long Island City (Donna H. Lee of counsel), and Cleary Gottlieb Steen & Hamilton LLP, New York City (David H. Herrington, Izukanne Emeagwali, Jessica Thompson and Bibeane Metsch of counsel), for appellant.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco, Barbara D. Underwood, Andrea Oser and Peter H. Schiff of counsel), for respondent.

Karen Murtagh, Prisoners' Legal Services of New York, Albany (James Bogin of counsel), for Prisoners' Legal Services of New York, amicus curiae.

Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to the Supreme Court for further proceedings in accordance with this memorandum.

During his prison disciplinary proceeding, inmate Jevon Henry requested specific documents and witnesses, and the Hearing Officer denied some of those requests. Following a hearing, Henry was found guilty and a penalty was imposed of two years...

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