Fahle v. County of Suffolk

Appellate Division of the Supreme Court of New York

Fahle v. County of Suffolk

119 A.D.2d 628, 501 N.Y.S.2d 297, 1986 N.Y. App. Div. LEXIS 62443

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 14, 1986

StatusPublished

Cited by1 cases

This text of 119 A.D.2d 628 (Fahle v. County of Suffolk) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fahle v. County of Suffolk, 119 A.D.2d 628, 501 N.Y.S.2d 297, 1986 N.Y. App. Div. LEXIS 62443 (N.Y. Ct. App. 1986).

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Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the Department of Health Services of the County of Suffolk, dated September 7, 1984, which, after a hearing, inter alia, ordered that the petitioners be fined and that they must abate a nuisance to the health of the community which they created.

Determination confirmed and proceeding dismissed on the merits, with costs.

After reviewing the record, we conclude that the respondent Commissioner of the Department of Health Services of the County of Suffolk’s determination was supported by substantial evidence. As the petitioners were apprised of the nature of the charges by the notice of formal hearing and were given an opportunity to be heard at the public hearing, they were not denied due process. Weinstein, J. P., Rubin, Fiber and Spatt, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the Department of Health Services of the County of Suffolk, dated September 7, 1984, which, after a hearing, inter alia, ordered that the petitioners be fined and that they must abate a nuisance to the health of the community which they created.

Determination confirmed and proceeding dismissed on the merits, with costs.

After reviewing the record, we conclude that the respondent Commissioner of the Department of Health Services of the County of Suffolk’s determination was supported by substantial evidence. As the petitioners were apprised of the nature of the charges by the notice of formal hearing and were given an opportunity to be heard at the public hearing, they were not denied due process. Weinstein, J. P., Rubin, Fiber and Spatt, JJ., concur.

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Bluebook (online)

119 A.D.2d 628, 501 N.Y.S.2d 297, 1986 N.Y. App. Div. LEXIS 62443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fahle-v-county-of-suffolk-nyappdiv-1986.

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