Opinion
December 19, 1986
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Doerr, J.P., Green, Balio, Lawton and Schnepp, JJ.
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 of Geddes v. Wilmot, 111 A.D.2d 474, 475, appeal dismissed 66 N.Y.2d 914).