MATTER OF McDONALD v. DEP'T OF MENTAL HYGIENE OF THE STATE OF NEW YORK


34 A.D.2d 997 (1970)

In the Matter of Rose McDonald, Petitioner, v. Department of Mental Hygiene of the State of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 22, 1970


Although we are of the opinion that the record does not reflect such bias or prejudice on the part of the hearing officer as to render the hearing vulnerable in that respect, we nevertheless note that (a) he had personal knowledge of and participated in discussions with petitioner and others with respect to at least two of the incidents which precipitated the charges; (b) he was requested to and did testify with respect thereto...

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