MATTER OF PESCE v. COMM'R OF SANITATION OF THE CITY OF NEW YORK


234 A.D.2d 77 (1996)

650 N.Y.S.2d 700

In the Matter of Thomas Pesce, Petitioner, v. Commissioner of Sanitation of the City of New York, Respondent

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

December 10, 1996


We find that, under the circumstances of this case, petitioner was deprived of a fair hearing when the Hearing Officer who heard the primary witness against petitioner was unable to complete the hearing, and a second Hearing Officer was assigned to complete the hearing and render a decision. In light of the discrepancies in the witness's description of the sanitation worker who had allegedly committed the impropriety of accepting $20 for the removal of bulk waste, the inability...

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