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

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1985·Published

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.

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).

Pincite

115 A.D.2d 296 (Regan v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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