Opinion
February 3, 1989
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Callahan, J.P., Doerr, Pine, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The Hearing Officer determined that it would jeopardize institutional safety or correctional goals if a correction officer, since transferred to another correctional facility, were required to travel to Attica Correctional Facility to testify at petitioner's Tier III disciplinary hearing (see, 7 NYCRR 254.5 [b]). The Hearing Officer, thereafter, interviewed the transferred correction officer by telephone. The officer's tape-recorded statement was made available to petitioner (see, 7 NYCRR 254.5 [b]). The Hearing Officer's determination had a rational basis and complied with the applicable regulation (see, Matter of Coleman v Kelly, 143 A.D.2d 539; People ex rel. Bradley v Smith, 115 A.D.2d 225, lv denied 67 N.Y.2d 604; 7 NYCRR 254.5).
Petitioner's remaining claims have not been preserved for our review (see, Matter of Crutchfield v Kelly, 125 A.D.2d 955, lv denied 69 N.Y.2d 608; Matter of Purnell v Kelly, 115 A.D.2d 1010, appeal withdrawn 67 N.Y.2d 938). Were we to address these claims, however, we would find them lacking in merit (see, Matter of Valles v Smith, 116 A.D.2d 1002, revd on other grounds 69 N.Y.2d 677; Matter of Purnell v Kelly, supra, at 1011).