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MATTER OF CRUTCHFIELD v. KELLY

125 A.D.2d 955 (1986)

In the Matter of Earl Crutchfield, Respondent, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants

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

December 19, 1986

Judgment unanimously reversed, on the law, and petition dismissed.

Memorandum:

It was error for Special Term to vacate the determination of the Hearing Officer based on inadequate employee assistance. In order for the issue to have been preserved, petitioner should have raised it before the Hearing Officer where the error, if any, could have been rectified (Matter of Humphries v Coughlin, 112 A.D.2d 561, 562; Matter...

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