Opinion
November 15, 1989
Appeal from the Supreme Court, Wyoming County, Morton, J.
Present — Denman, J.P., Boomer, Pine, Balio and Davis, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: Having failed to raise the issue on his administrative appeal, petitioner cannot, in this article 78 proceeding, contend that the determination should be reversed because he was denied the right to call a witness (see, Matter of Samuels v Kelly, 143 A.D.2d 506, lv denied 73 N.Y.2d 707).