Opinion
July 16, 1993
Appeal from the Supreme Court, Cayuga County, Contiguglia, J.
Present — Denman, P.J., Callahan, Boomer, Davis and Boehm, JJ.
Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: The Hearing Officer properly declined to call 45 additional witnesses requested by petitioner because petitioner failed to show that the testimony to be given by the witnesses was material and not redundant (see, Matter of Sanchez v. Irvin, 186 A.D.2d 996, lv denied 81 N.Y.2d 702).
Contrary to the determination of Supreme Court, the hearing was concluded within 14 days of the writing of the misbehavior report as required by 7 NYCRR 251-5.1 (b). In calculating the 14-day period, the day in which the report is written is excluded (Matter of Afrika v. Edwards, 160 A.D.2d 1212 ; see, General Construction Law § 20). The misbehavior report was written on June 4 and the hearing was timely concluded on June 18.