Opinion
April 11, 1991
Appeal from the Supreme Court, Ulster County.
After reviewing all of petitioner's contentions regarding procedural irregularities, only a few warrant any discussion. The misbehavior report, while not mentioning by name the other parties involved, contained enough specifics, including a description of the alleged violations by petitioner and the approximate time of their occurrence, as to sufficiently inform petitioner of the charges against him so as to allow him to prepare a defense (see, Matter of Vogelsang v. Coombe, 105 A.D.2d 913, 914, affd 66 N.Y.2d 835; Matter of Bennett v. LeFevre, 115 A.D.2d 141). Equally without merit are petitioner's contentions of inadequate employee assistance and denial of witnesses. Not only did the employee assistant do all that was possible with respect to a certain relevant witness, but the Hearing Officer's decision to conclude the hearing without that witness did not deny petitioner any due process rights in that reasonable and substantial efforts were made both before and throughout the hearing to locate the witness (see, Matter of Law v. Racette, 120 A.D.2d 846, 848). Finally, we find that the testimony by the woman who participated in the smuggling scheme with petitioner, the documentary evidence and the testimony by the Deputy Inspector General, which properly included hearsay testimony, all provided substantial evidence to support the determination (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139; Matter of De Torres v. Coughlin, 135 A.D.2d 1068, 1070, lv denied 72 N.Y.2d 801).
Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Casey, Weiss, Yesawich, Jr., and Harvey, JJ., concur.