Petitioner was found guilty after a Superintendent's hearing of violating State-wide rules prohibiting assault upon an inmate, disobeying a direct order and possession of a weapon. After affirmance on administrative appeal petitioner commenced this proceeding to annul the determination, alleging that he was denied his right to call certain witnesses. Supreme Court found that the Hearing Officer had not made a meaningful effort to secure the testimony of the witnesses and expunged petitioner's record. Respondent appeals, conceding that petitioner was denied his right to call witnesses but contending that remittal for a rehearing and not expungement is the proper remedy.
A significant amount of time has passed since the incident. In addition, one witness is dead and another has been released on parole. In light of these circumstances, and given the denial of petitioner's right to call witnesses, we find that expungement was appropriate (see, Matter of Williams v Coughlin, 145 A.D.2d 771; Matter of Allah v LeFevre, 132 A.D.2d 293; see also, Matter of Barnes v LeFevre, 69 N.Y.2d 649).
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.