Amending disciplinary charges "to conform with the testimony" given in the course of the disciplinary hearing

Amending disciplinary charges "to conform with the testimony" given in the course of the disciplinary hearingOffice of Administrative Trials and Hearings, OATH Index Nos. 1213/18 and 1215/1Two correction officers [Respondents] were charged with making false reports about a use of force incident involving an inmate.Judge Lewis also denied a request by the Appointing Authority, made on the second day of hearing, to expand the scope of its redirect examination of its primary witness and to amend the charges to conform to any testimony derived from the expanded questioning. The ALJ concluded that amendment of the charges at that juncture would cause substantial prejudice to Respondents who had already spent a full day defending the charges filed against the correction officers. Citing Block v. Ambach, 73 N.Y.2d 323 and DiAmbrosio v. Dep’t of Health, 4 N.Y. 3d 133, Judge Lewis explained that "Charges in administrative proceedings must apprise the party whose…

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