Lee v. Coughlin

Determination unanimously confirmed and petition dismissed. Memorandum: Respondents’ determination is supported by substantial evidence. The Hearing Officer erred in failing to notify petitioner before issuing a determination that confidential information would be considered and in failing to articulate a reason for keeping that information confidential (see generally, Matter of Odom v Kelly, 152 AD2d 1010; Matter of Freeman v Coughlin, 138 AD2d 824, 825-826; Matter of Boyd v Coughlin, 105 AD2d 532, 533-534). We conclude that the error was harmless, however, because the contents of the…