After a Superintendent's hearing, petitioner was found guilty of smuggling and possession of a controlled substance. His administrative appeal was denied and he commenced this CPLR article 78 proceeding alleging that the Hearing Officer erred in refusing to call a witness he had requested. Petitioner claimed that the ruling violated the provisions of 7 NYCRR 254.5 and denied him his right to due process. Supreme Court dismissed the petition and this appeal followed.
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