In Matter of Alvarez v. Goord, 30 AD3d 118, 813 N.Y.S.2d 564 [3d Dept 2006]), petitioner requested the testimony of a female arrested for attempting to smuggle drugs to him during a visit.

The hearing officer contacted petitioner's sister (through the phone number provided by petitioner) who informed the officer that the female visitor refused to testify.

The court held petitioner's due process rights were violated by the hearing officer's failure to contact, or attempt to contact, the female visitor to determine the basis for such refusal (Alvarez at 118).