Haigler v. Fischer

113 A.D.3d 768, 978 N.Y.2d 892

Opinion

Although the disciplinary hearing under review was not “completed within 14 days following the writing of the misbehavior report” (7 NYCRR 251-5.1 [b]), the record supports the conclusion that any delay in this regard had appropriately been “authorized by the commissioner or his designee” (7 NYCRR 251-5.1 [b]). In any event, the provisions of this rule are directory rather than mandatory (see e.g. Matter of Edwards v Fischer, 87 AD3d 1328, 1329 [2011]; Matter of Rodriguez v Fischer, 76 AD3d 1131, 1132 [2010]; Matter of Rosario v Selsky, 37 AD3d 921, 921-922 [2007]). Therefore, in the absence of any showing of prejudice as a result of the delay, the petitioner is not entitled to vacatur of the determination on this procedural ground (see e.g. Matter of Edwards v Fischer, 87 AD3d at 1329; Matter of Sanders v Goord, 47 AD3d 987, 988 [2008]; Matter of Crosby v Selsky, 26 AD3d 571, 572 [2006]; but see Matter of Hicks v Scully, 159 AD2d 624 [1990]).

The petitioner’s remaining contentions are either without merit or not properly before this Court (see generally Matter of Reed v Artus, 39 AD3d 1056 [2007]). Mastro, J.P., Lott, Austin and Roman, JJ., concur.