IN THE MATTER OF RIVERA v. ESPADA, JR.


3 A.D.3d 398 (2004)

771 N.Y.S.2d 25

In the Matter of PETER M. RIVERA et al., Appellants, v. PEDRO ESPADA, JR, Respondent, et al., Respondents, and THE SENATE OF THE STATE OF NEW YORK, BY JOSEPH BRUNO, AS SENATOR, Intervenor-Respondent.

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

January 20, 2004.


While there may have been sufficient evidence to support the redetermination that respondent was not in sympathy with the principles of the Democratic Party, that determination was tainted by the ex parte communication between Howard Vargas and the hearing officer, the Chairman of the Bronx County Democratic Committee, and Vargas's involvement in crafting the Committee Chairman's redetermination (see Matter of LePore v McCall, 262 A.D.2d 919

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