ROSENTHAL v. GIUSTINIANI


64 A.D.2d 697 (1978)

Richard Rosenthal, Petitioner, v. Referee Giustiniani, as Hearing Officer of the Administrative Adjudication Bureau of The City of New York, et al., Respondents

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

July 31, 1978


Petition granted; determination annulled, on the law, without costs or disbursements, suspension vacated and fine ordered remitted.

Petitioner was convicted of traveling at a rate of 72 miles per hour in a 50-mile per hour zone. We cannot confirm the determination due to the errors committed at the hearing and because of the lack of clear and convincing evidence of guilt. At the end of the hearing, the referee stated that the petitioner did not prove his innocence...

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