MATTER OF SAPP v. GLEASON


187 A.D.2d 599 (1992)

In the Matter of Cornelius Sapp, Jr., Appellant, v. James D. Gleason, as Commissioner of The Fire Department of the City of Mount Vernon, et al., Respondents

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

November 16, 1992


Ordered that the determination is affirmed, without costs or disbursements.

Contrary to the appellant's contention, he was not deprived of his right to a fair hearing notwithstanding that the Hearing Officer received records of prior disciplinary actions brought against the appellant before he made any determination as to the appellant's guilt. The Hearing Officer was instructed not to consider this evidence in determining the appellant's guilt and he stated that...

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