MATTER OF CARLTON v. SCHEMBRI


235 A.D.2d 306 (1997)

652 N.Y.S.2d 957

In the Matter of Kenneth Carlton, Petitioner, v. Anthony J. Schembri, as Correction Commissioner of The City of New York, et al., Respondents

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

January 23, 1997


The Administrative Law Judge properly reinstated the hearing after initially dismissing the charges from the calendar without prejudice once respondent demonstrated that a previously unavailable key witness was now available to testify and provided the necessary discovery materials. The penalty of dismissal does not shock our conscience despite petitioner's otherwise unblemished, even exemplary, record (cf., Matter of Seelig v Koehler, 76 N...

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