MATTER OF WATERWAY CONSTR. CORP. v. SWEENEY


248 A.D.2d 256 (1998)

670 N.Y.S.2d 429

In the Matter of Waterway Construction Corp. et al., Petitioners, v. John E. Sweeney, as Commissioner of Labor, Respondent

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

March 19, 1998


We perceive no deprivation of due process or other prejudice to petitioners as a result of respondent's substitution of the Hearing Officer after the hearing had concluded, and the consequent evaluation of credibility solely on the basis of the written record (see, Matter of Schweizer Aircraft Corp. v New York State Div. of Human Rights, 220 A.D.2d 855, 856, lv denied 87 N.Y.2d 805, citing Matter of Briggs v Board...

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