We find merit in the contention that the Hearing Officer erred in denying petitioner's request to call medical personnel who had treated the inmate allegedly assaulted by petitioner so that petitioner could elicit testimony as to the possibility that the injuries sustained were accidental. Given the failure of the only medical professional to testify at the hearing to conclusively rule out accidental injury, such testimony was clearly relevant. The testimony was also not excludible on the basis of redundancy (see, Matter of Fox v Dalsheim, 112 A.D.2d 368). The Hearing Officer further erred in failing to make a meaningful effort to ascertain why one inmate witness refused to testify (see, Matter of Barnes v LeFevre, 69 N.Y.2d 649; Matter of Codrington v Mann, 174 A.D.2d 868; Matter of Wong v Coughlin, 137 A.D.2d 272).
The denial of petitioner's right to call witnesses requires expungement of the proceeding from petitioner's files (see, Matter of Torres v Coughlin, 166 A.D.2d 793). In view of our determination that expungement is required, we need not consider petitioner's other contentions although we note in passing that there was a lack of substantial evidence of petitioner's guilt.
Levine, J.P., Mercure, Mahoney, Casey and Harvey, JJ., concur. Adjudged that the determination is annulled, with costs, petition granted and respondents are directed to expunge all references to this proceeding from petitioner's files.