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MATTER OF PONDEXTER v. SMITH

115 A.D.2d 1014 (1985)

In the Matter of Robert Pondexter, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 20, 1985

Motion for reargument granted and, upon reargument, judgment unanimously reversed, on the law, and petition dismissed (see, Matter of Semper v Smith, 66 N.Y.2d 130). Moreover, the hearing officer's designation was proper (Matter of Purnell v Kelly, 115 A.D.2d 1010), and a review of the record reflects the right of respondent to call witnesses...

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