(Download) "Matter Albert C. O'Neil v. Ralph A. De Santis" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Matter Albert C. O'Neil v. Ralph A. De Santis
- Author : Supreme Court of New York
- Release Date : January 30, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Petitioner was found guilty of charges of (1) failure to enforce building code; (2) insubordination; and (3) dereliction and unsatisfactory performance of duty, after a hearing. He was dismissed from his employment with the City of Troy. In this proceeding he seeks reinstatement and back pay from the date of his suspension prior to the hearing upon the grounds that the hearing officer should have disqualified himself since, as Corporation Counsel of the City of Troy, he was an appointee of the respondent; that the determination of dismissal was not supported by substantial evidence in the record of the hearing; and even if the charges could be substantiated, the penalty imposed was too severe and an abuse of discretion. The designation of the Corporation Counsel as hearing officer was proper and in accordance with statutory provisions (Civil Service Law, § 75, subd. 2; Matter of La Mere v. De Santis, 37 A.D.2d 788). There is no indication that the hearing officer was possessed with any vital information concerning the charges against petitioner that would require him to disqualify himself, and the record supports the conclusion that petitioner was treated in a fair and impartial manner (Matter of Cross v. Pearsall, 29 A.D.2d 553; Matter of Waters v. McGinnis, 29 A.D.2d 969). There is substantial evidence to sustain the finding of guilt on each of the three charges as made by the trier of the facts (Matter of Stork Rest. v. Boland, 282 N. Y. 256). Disposition Determination confirmed, and petition dismissed, without costs.