PELAEZ v. WATERFRONT COMM.


88 A.D.2d 443 (1982)

In the Matter of Alfonso Pelaez, Petitioner, v. Waterfront Commission of New York Harbor, Respondent

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

September 13, 1982


Attorney(s) appearing for the Case

Fein, Silverbush, Katz & Linn, P. C. (Michael Linn of counsel), for petitioner.

David B. Greenfield (Jerome J. Klied of counsel), for respondent.

WEINSTEIN, J. P., BRACKEN and RUBIN, JJ., concur.


O'CONNOR, J.

This case is another in a recent series of employee disciplinary determinations challenged in court because the government employer ignored the fundamental distinction between an adversarial and an inquisitorial proceeding. Under the circumstances we are required to annul the determination dismissing petitioner and remit the matter for a new hearing before a different hearing officer.

In this case the hearing officer was challenged...

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