Turning to petitioner’s procedural contentions, we find that he received adequate employee assistance where he was provided with all requested documentation that was not deemed confidential and his assistant interviewed all of the witnesses that petitioner requested (see Matter of Jackson v Fischer, 87 AD3d 775, 775-776 [2011]; Matter of Hernandez v Bezio, 73 AD3d 1406, 1407 [2010]). We also reject petitioner’s claim of hearing officer bias; a review of the record demonstrates that the finding of guilt was premised on the evidence presented at the hearing (see Matter of Argentieri v Fischer, 87 AD3d 1242, 1242-1243 [2011]).
However, we do find merit in petitioner’s argument that the Hearing Officer erred in failing to make an effort to ascertain the reasons that inmates Sonberg and Freeman refused to testify. When petitioner requested those inmates’ testimony at the hearing, the Hearing Officer noted that the employee assistance form indicated that both were unwilling to testify. However, that notation alone was not a sufficient basis to summarily deny petitioner’s right to call those witnesses and, thus, it was incumbent upon the Hearing Officer to attempt to validate the reasons for their refusals (see Matter of Robinson v Fischer, 68 AD3d 1687, 1687-1688 [2009]; Matter of Martinez v Goord, 15 AD3d 737, 738 [2005]). Inasmuch as this amounted to a regulatory violation of petitioner’s right to call witnesses,
Petitioner’s remaining contentions have been examined and found to be either unpreserved or without merit.
Lahtinen, J.P, Spain, Gariy and Egan Jr., JJ., concur. Ordered that the judgment is reversed, on the law, without costs, determination annulled, and matter remitted to the Commissioner of Corrections and Community Supervision for further proceedings not inconsistent with this Court’s decision.