McCARTER v. FRANCO


227 A.D.2d 358 (1996)

643 N.Y.S.2d 84

West McCarter, Respondent, v. Ruben Franco, as Chair of The New York City Housing Authority, Appellant

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

May 30, 1996


The IAS Court properly found that petitioner was denied due process at the administrative hearing since he was precluded from presenting evidence and witnesses to dispute respondent's charges against him. We note the petitioner made it clear, prior to the determination, that he had not rested his case. This error is dispositive and sufficient to "terminate" this proceeding within the meaning of CPLR 7804 (g); thus, the IAS Court...

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