Trahan v. Jefferson County Department of Social Services

Appellate Division of the Supreme Court of New York

Trahan v. Jefferson County Department of Social Services

281 A.D.2d 984, 722 N.Y.S.2d 682, 2001 N.Y. App. Div. LEXIS 2913

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

DecidedMarch 21, 2001

StatusPublished

This text of 281 A.D.2d 984 (Trahan v. Jefferson County Department of Social Services) 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

Trahan v. Jefferson County Department of Social Services, 281 A.D.2d 984, 722 N.Y.S.2d 682, 2001 N.Y. App. Div. LEXIS 2913 (N.Y. Ct. App. 2001).

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Opinion

Determination unanimously annulled on the law without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: Petitioner was terminated from his position as a caseworker for respondent after a hearing pursuant to Civil Service Law § 75. Petitioner then commenced this CPLR article 78 proceeding seeking reinstatement, and the proceeding was transferred to this Court pursuant to CPLR 7804 (g). We conclude that the determination terminating petitioner “was made in violation of lawful procedure” (CPLR 7803 [3]). Respondent’s commissioner, who reviewed the Hearing Officer’s report and made the final determination to terminate petitioner, also preferred the charges, selected the Hearing Officer and testified at the hearing. Thus, he was disqualified from acting on the charges (see, Matter of Norton v Village of Phoenix Bd. of Trustees, 245 AD2d 1143). We therefore annul the determination and remit the matter to respondent for a de novo determination by a person who was not involved in the hearing based upon the original hearing record and the report of the Hearing Officer (see, County Law § 401 [1], [2]). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Jefferson County, Gilbert, J.) Present — Green, J. P., Wisner, Hurl-butt and Burns, JJ.

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Determination unanimously annulled on the law without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: Petitioner was terminated from his position as a caseworker for respondent after a hearing pursuant to Civil Service Law § 75. Petitioner then commenced this CPLR article 78 proceeding seeking reinstatement, and the proceeding was transferred to this Court pursuant to CPLR 7804 (g). We conclude that the determination terminating petitioner “was made in violation of lawful procedure” (CPLR 7803 [3]). Respondent’s commissioner, who reviewed the Hearing Officer’s report and made the final determination to terminate petitioner, also preferred the charges, selected the Hearing Officer and testified at the hearing. Thus, he was disqualified from acting on the charges (see, Matter of Norton v Village of Phoenix Bd. of Trustees, 245 AD2d 1143). We therefore annul the determination and remit the matter to respondent for a de novo determination by a person who was not involved in the hearing based upon the original hearing record and the report of the Hearing Officer (see, County Law § 401 [1], [2]). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Jefferson County, Gilbert, J.) Present — Green, J. P., Wisner, Hurl-butt and Burns, JJ.

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Bluebook (online)

281 A.D.2d 984, 722 N.Y.S.2d 682, 2001 N.Y. App. Div. LEXIS 2913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trahan-v-jefferson-county-department-of-social-services-nyappdiv-2001.

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