MATTER OF PIZARRO v. HERNANDEZ-PINERO


203 A.D.2d 151 (1994)

610 N.Y.S.2d 251

In the Matter of Encarnacion Pizarro, Petitioner, v. Sally Hernandez-Pinero, as Chair of The New York City Housing Authority, et al., Respondents

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

April 21, 1994


Where a description of the person who was seen cutting the safety line of a scaffold allegedly from a window in petitioner's tenth floor apartment was first given at the hearing on the charges against petitioner, it was improvident for the Hearing Officer to grant respondents' motion to conform the charge of non-desirability to the proof so as to shift the burden of proof to petitioner. Moreover, respondents' determination states that it is based, inter alia, upon...

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