MATTER OF BROOKS


38 N.Y.2d 965 (1976)

In the Matter of the Claim of Benjamin Brooks, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided March 23, 1976.


Attorney(s) appearing for the Case

Margot Karle and Jeffrey E. Glen for appellant.

Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, JONES and FUCHSBERG concur in memorandum; Judges GABRIELLI, WACHTLER and COOKE dissent and vote to reverse on the dissenting memorandum by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division ().


MEMORANDUM.

The notice of hearing, though falling short of the sort of specificity that is desirable, did, under the circumstances of this case, "set forth the facts in sufficient detail to enable [claimant] to prepare his defense" (1 Cooper, State Administrative Law, pp 284-285). Thus, while the initial local office's determination was based upon claimant's insubordinate behavior on Friday, September 28, 1973, and the appeal...

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