Goss v. Kelly

— Judgment unanimously affirmed. Memorandum: Petitioner appeals from a judgment which dismissed his CPLR article 78 petition challenging the determination following a Tier III Superintendent’s disciplinary hearing on the ground that the Superintendent’s designation of the Hearing Officer was defective. Petitioner alleged that Superintendent Kelly’s appointment of Lieutenant Block as a substitute Hearing Officer on February 1, 1985 was inadequate to legitimate Block’s status as a Hearing Officer at petitioner’s disciplinary hearing held May 13, 1985. There is no merit to this claim. Lieutenant…