Majority
p. 1014In the Matter of Robert Pondexter, Respondent, v Harold J. Smith, as Superintendent of Attica Correctional Facility, et al.,
for reargument granted and, upon reargument, judgment unanimously reversed, on the law, and petition dismissed (see, Matter of Semper v Smith, 66 NY2d 130 ). Moreover, the hearing officer’s designation was proper (Matter of Purnell v Kelly, 115 AD2d 1010 ), and a review
p. 1015
of the record reflects the right of respondent to call witnesses was not denied. Present—Dillon, P. J., Doerr, O’Donnell, Pine and Schnepp, JJ.
Cases cited
- People ex rel. Vega v. Smith 66 NY2d 130 p. 1014