Regan v. Smith

Appellate Division of the Supreme Court of New York

Regan v. Smith

115 A.D.2d 296, 496 N.Y.S.2d 706, 1985 N.Y. App. Div. LEXIS 54558

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

DecidedNovember 15, 1985

StatusPublished

This text of 115 A.D.2d 296 (Regan v. Smith) 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

Regan v. Smith, 115 A.D.2d 296, 496 N.Y.S.2d 706, 1985 N.Y. App. Div. LEXIS 54558 (N.Y. Ct. App. 1985).

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Opinion

Judgment unanimously affirmed. Memorandum: The hearing officer properly complied with 7 NYCRR 254.5 (b) in determining that petitioner’s witnesses should testify out of his presence (see, People ex rel. Bradley v Smith, 115 AD2d 225). Special Term properly found no violation of 7 NYCRR 251-4.1 and 251-4.2.

The penalty was not so harsh and excessive as to be shocking to one’s conscience (see, Matter of Pell v Board of Educ., 34 NY2d 222, 233-234). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present — Callahan, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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Judgment unanimously affirmed. Memorandum: The hearing officer properly complied with 7 NYCRR 254.5 (b) in determining that petitioner’s witnesses should testify out of his presence (see, People ex rel. Bradley v Smith, 115 AD2d 225). Special Term properly found no violation of 7 NYCRR 251-4.1 and 251-4.2.

The penalty was not so harsh and excessive as to be shocking to one’s conscience (see, Matter of Pell v Board of Educ., 34 NY2d 222, 233-234). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present — Callahan, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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Bluebook (online)

115 A.D.2d 296, 496 N.Y.S.2d 706, 1985 N.Y. App. Div. LEXIS 54558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regan-v-smith-nyappdiv-1985.

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