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MATTER OF PEREZ v. NEW YORK STATE DEP'T OF LABOR

244 A.D.2d 844 (1997)

665 N.Y.S.2d 714

In the Matter of Hilton Perez, Jr., Petitioner, v. New York State Department of Labor et al., Respondents

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

November 26, 1997

Crew III, J. P.

Although conceding that respondent Commissioner of Labor, who personally issued the charges against petitioner and was a material witness at the disciplinary hearing, should have recused himself from reviewing the recommendations of the Hearing Officer and acting on the charges (see, Matter of Ernst v Saratoga County, 234 A.D.2d 764, 767-768; Matter of Lowy v Carter,

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