Opinion
October 7, 1992
Appeal from the Supreme Court, Erie County, Rath, Jr., J.
Present — Green, J.P., Lawton, Boehm, Fallon and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Because the administrative agency and presiding officer conducting these disciplinary proceedings have expressly been delegated the specific statutory authority to issue subpoenas duces tecum (see, Education Law § 6510 [a]; [4]; State Administrative Procedure Act § 304), Supreme Court properly denied the Erie County Correctional Facility's CPLR 2307 application without prejudice to its renewal before the presiding officer (Matter of Irwin v Board of Regents, 27 N.Y.2d 292, 296-297; Matter of Anonymous v State Dept. of Health, 173 A.D.2d 988, 989; Matter of Whalan v John P., 72 A.D.2d 961, 962).