Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Petitioner appeals from a judgment which, instead of annulling a prison disciplinary determination because of the Hearing Officer's failure to hear the testimony of petitioner's witness, remitted the matter to the Hearing Officer to take such testimony. In these circumstances, equity dictates that expungement of the record, rather than remittitur, is the proper...
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