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MATTER OF REGAN v. SMITH

115 A.D.2d 296 (1985)

In the Matter of James Regan, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Respondents

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

November 15, 1985

Judgment unanimously affirmed.

Memorandum:

The hearing officer properly complied with 7 NYCRR 254.5 (b) in determining that petitioner's witnesses should testify out of his presence (see, People ex rel. Bradley v Smith, 115 A.D.2d 225). Special Term properly found no violation of 7 NYCRR 251-4.1 and 251-4.2.

The penalty was not so harsh and excessive as to be shocking to one's conscience (see

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