MATTER OF ROSENTHAL v. HARTNETT


36 N.Y.2d 269 (1975)

In the Matter of Richard Rosenthal, Respondent, v. "John" Hartnett, as Hearing Officer of the Administrative Adjudication Bureau of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 24, 1975.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Robert S. Hammer and Samuel A. Hirshowitz of counsel), for appellants.

Joseph Chase for respondent.

Chief Judge BREITEL and Judges JASEN and GABRIELLI concur with Judge JONES; Judge WACHTLER dissents and votes to affirm in a separate opinion in which Judge COOKE concurs; Judge FUCHSBERG dissents in part and votes to modify in another opinion.


JONES, J.

The real question on this appeal is whether the Legislature may constitutionally authorize administrative rather than judicial adjudication of traffic infractions and as an incident thereto establish "clear and convincing evidence" as the required quantum of proof for a determination of guilt where such determination may result in the imposition of a fine but not imprisonment. We conclude that it may...

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