Pondexter v. Smith

for reargument granted and, upon reargument, judgment unanimously reversed, on the law, and petition dismissed (see, Matter of Semper v Smith, 66 NY2d 130). Moreover, the hearing officer’s designation was proper (Matter of Purnell v Kelly, 115 AD2d 1010), and a review of the record reflects the right of respondent to call witnesses was not denied. Present—Dillon, P. J., Doerr, O’Donnell, Pine and Schnepp, JJ.