Bixler v. Weber

Appellate Division of the Supreme Court of New York

Bixler v. Weber

50 A.D.2d 722, 375 N.Y.S.2d 68, 1975 N.Y. App. Div. LEXIS 12605

Appellate Division of the Supreme Court of the State of New York·Decided November 6, 1975·Published

Opinion

— Determination unanimously annulled, with costs, and petition granted. Memorandum: This is an article 78 proceeding brought with respect to petitioner’s discharge following a so-called hearing based upon charges contained in respondents’ letter to petitioner dated April 10, 1973. The transcript of the hearing consists of one and one-half pages without any sworn testimony. Respondents did not file [723] an opposing brief. We find no substantial evidence to sustain respondents’ charges in this record. (Review of determination discharging petitioner, transferred by order of Niagara Special Term.) Present — Moule, J. P., Cardamone, Simons, Mahoney and Witmer, JJ.

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— Determination unanimously annulled, with costs, and petition granted. Memorandum: This is an article 78 proceeding brought with respect to petitioner’s discharge following a so-called hearing based upon charges contained in respondents’ letter to petitioner dated April 10, 1973. The transcript of the hearing consists of one and one-half pages without any sworn testimony. Respondents did not file [723] an opposing brief. We find no substantial evidence to sustain respondents’ charges in this record. (Review of determination discharging petitioner, transferred by order of Niagara Special Term.) Present — Moule, J. P., Cardamone, Simons, Mahoney and Witmer, JJ.

Bixler v. Weber, 50 A.D.2d 722, 375 N.Y.S.2d 68, 1975 N.Y. App. Div. LEXIS 12605 (N.Y. Ct. App. 1975).

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50 A.D.2d 722 (Bixler v. Weber) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.