Opinion
November 15, 1985
Appeal from the Supreme Court, Wyoming County, Flynn, J.
Present — Hancock, Jr., J.P., Callahan, Doerr, Pine and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: The hearing officer properly complied with 7 NYCRR 254.5 (b) in determining that petitioner's witnesses should testify out of his presence (see, People ex rel. Bradley v Smith, 115 A.D.2d 225). Special Term properly found no violation of 7 NYCRR 254.7 (c).