Opinion
November 29, 1993
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
The petitioner was not denied a fair hearing by the Hearing Officer's refusal to call one of several correction officers who witnessed the incident and to furnish the petitioner with a report prepared by another correction officer who witnessed the incident and was called to testify. The additional testimony and the report would have been either redundant or immaterial (see, 7 NYCRR 254.5 [a]; Matter of Sanchez v Irvin, 186 A.D.2d 996). Bracken, J.P., Balletta, Eiber, O'Brien and Pizzuto, JJ., concur.