Hearing Officer adjourned hearing (New York) · Go Syfert
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Hearing Officer adjourned hearing in New York

17 New York opinions name it 1 courts 1993–2019 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (18)

CaseFollowedCited
Wright v. Beziogreen
nyappdiv · 2009 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

2014In our view, the Hearing Officer made reasonable and substantial efforts to contact the witness (see Matter of Smythe v Fischer, 101 AD3d 1280 , 1281 [2012], lv denied 20 NY3d 861 [2013]; Matter of Wright v Bezio, 64 AD3d 1109, 1110 [2009]).

2014In our view, the Hearing Officer made reasonable and substantial efforts to contact the witness (see Matter of Smythe v Fischer, 101 AD3d 1280 , 1281 [2012], lv denied 20 NY3d 861 [2013]; Matter of Wright v Bezio, 64 AD3d 1109, 1110 [2009]).

22
Rosa v. Goordgreen
nyappdiv · 2005 · cited in 2 New York opinions naming this issue, 2006–2008
2 sentences

2008Accordingly, any alleged deficiency was remedied and there is no evidence that petitioner was prejudiced in any way (see Matter of Amaker v Selsky, 43 AD3d 547, 547-548 [2007], lv denied 9 NY3d 814 [2007]; Matter of Rosa v Goord, 14 AD3d 747, 748 [2005]).

2006Next, although the employee assistant was unable to produce every document that petitioner requested, the record reveals that the assistant provided petitioner with all of the relevant information he requested and the hearing officer adjourned the hearing to afford petitioner a full opportunity to review the documents to which he was entitled (see Matter of Rosa v Goord, 14 AD3d 747, 748 [2005]; Matter of Lam Trang v Goord, 283 AD2d 816, 817 [2001]).

22
Matter of Rodriguez v. Prackgreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019Petitioner was not denied the opportunity to seek and receive the assistance of an attorney, inasmuch as the Hearing Officer adjourned the hearing for two weeks for that purpose ( see Matter of Baxton v Annucci , 142 AD3d 1235, 1236 [2016]).

11
McFadden v. Prackgreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Further, the record demonstrates that petitioner indicated that he understood the Hearing Officer and the charges against him and, when the hearing resumed three days later, there is no indication that petitioner was without his hearing aids, the issue was not raised again and the record reflects that he fully and knowledgeably participated in the proceedings (see Matter of McFadden v Prack, 120 AD3d 853, 854 [2014], lv denied 24 NY3d 908 [2014], lv dismissed 24 NY3d 930 [2014]; Matter of Medina v New York State Dept. of Corr.

11
Bellamy v. Fischergreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Because the documentary evidence was relevant to petitioner’s exculpatory explanation regarding the content of the letter that formed the basis of the misbehavior report, as well as to his defense of retaliation, and because we cannot say that petitioner was not prejudiced by the omission of the documents, the determination must be annulled (see Matter of Caldwell v Rock, 93 AD3d 1048, 1048 [2012]; Matter of Bellamy v Fischer, 87 AD3d 1217, 1218 [2011]; compare Matter of Mulcahy v *1168 Selsky, 295 AD2d 663, 663-664 [2002]).

11
Caldwell v. Rockgreen
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Because the documentary evidence was relevant to petitioner’s exculpatory explanation regarding the content of the letter that formed the basis of the misbehavior report, as well as to his defense of retaliation, and because we cannot say that petitioner was not prejudiced by the omission of the documents, the determination must be annulled (see Matter of Caldwell v Rock, 93 AD3d 1048, 1048 [2012]; Matter of Bellamy v Fischer, 87 AD3d 1217, 1218 [2011]; compare Matter of Mulcahy v *1168 Selsky, 295 AD2d 663, 663-664 [2002]).

11
Mulcahy v. Selskygreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Because the documentary evidence was relevant to petitioner’s exculpatory explanation regarding the content of the letter that formed the basis of the misbehavior report, as well as to his defense of retaliation, and because we cannot say that petitioner was not prejudiced by the omission of the documents, the determination must be annulled (see Matter of Caldwell v Rock, 93 AD3d 1048, 1048 [2012]; Matter of Bellamy v Fischer, 87 AD3d 1217, 1218 [2011]; compare Matter of Mulcahy v *1168 Selsky, 295 AD2d 663, 663-664 [2002]).

11
Barnes v. Beziogreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012As such, we find that any inadequacies in petitioner’s assistance were remedied at the time of the hearing (see Matter of Barnes v Bezio, 86 AD3d 884, 885 [2011]; Matter of Tirado v Goord, 50 AD3d 1332, 1333 [2008]).

11
Tirado v. Goordgreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012As such, we find that any inadequacies in petitioner’s assistance were remedied at the time of the hearing (see Matter of Barnes v Bezio, 86 AD3d 884, 885 [2011]; Matter of Tirado v Goord, 50 AD3d 1332, 1333 [2008]).

11
Sierra v. Dubraygreen
nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011As such, we find that any purported inadequacy on the part of the employee assistant was cured by the Hearing Officer at the disciplinary hearing and petitioner has demonstrated no prejudice resulting from the alleged inadequate assistance (see Matter of Fludd v New York State Dept. of Correctional Servs., 62 AD3d 1149, 1152 [2009], lv denied 13 NY3d 705 [2009]; Matter of Sierra v Dubray, 58 AD3d 970, 971 [2009]; Matter of Burgess v Selsky, 50 AD3d 1347, 1348 [2008]).

11
Fludd v. New York State Department of Correctional Servicesgreen
nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011As such, we find that any purported inadequacy on the part of the employee assistant was cured by the Hearing Officer at the disciplinary hearing and petitioner has demonstrated no prejudice resulting from the alleged inadequate assistance (see Matter of Fludd v New York State Dept. of Correctional Servs., 62 AD3d 1149, 1152 [2009], lv denied 13 NY3d 705 [2009]; Matter of Sierra v Dubray, 58 AD3d 970, 971 [2009]; Matter of Burgess v Selsky, 50 AD3d 1347, 1348 [2008]).

11
Davila v. Selskygreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011Under the circumstances, reasonable efforts were made to locate these witnesses (see Matter of Tafari v Selsky, 76 AD3d 1144 [2010]; Matter of Davila v Selsky, 48 AD3d 846, 847 [2008]).

11
Benson v. Selskygreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011As such, we find that any purported inadequacy on the part of the employee assistant was cured by the Hearing Officer at the disciplinary hearing and petitioner has demonstrated no prejudice resulting from the alleged inadequate assistance (see Matter of Fludd v New York State Dept. of Correctional Servs., 62 AD3d 1149, 1152 [2009], lv denied 13 NY3d 705 [2009]; Matter of Sierra v Dubray, 58 AD3d 970, 971 [2009]; Matter of Burgess v Selsky, 50 AD3d 1347, 1348 [2008]).

11
Callender v. Selskygreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Under these circumstances, we find that reasonable efforts were made to locate petitioner’s witnesses (see Matter of Callender v Selsky, 41 AD3d 1065, 1066 [2007]; Matter of Folk v Goord, 29 AD3d 1182 [2006]).

11
Amaker v. Selskygreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Accordingly, any alleged deficiency was remedied and there is no evidence that petitioner was prejudiced in any way (see Matter of Amaker v Selsky, 43 AD3d 547, 547-548 [2007], lv denied 9 NY3d 814 [2007]; Matter of Rosa v Goord, 14 AD3d 747, 748 [2005]).

11
Seymour v. Goordgreen
nyappdiv · 2005 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006Finally, petitioner was not improperly denied documents or witnesses inasmuch as the evidence in question was either irrelevant or unavailable (see Matter of Seymour v Goord, 24 AD3d 831, 832 [2005]).

11
Trang v. Goordgreen
nyappdiv · 2001 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006Next, although the employee assistant was unable to produce every document that petitioner requested, the record reveals that the assistant provided petitioner with all of the relevant information he requested and the hearing officer adjourned the hearing to afford petitioner a full opportunity to review the documents to which he was entitled (see Matter of Rosa v Goord, 14 AD3d 747, 748 [2005]; Matter of Lam Trang v Goord, 283 AD2d 816, 817 [2001]).

11
Hernandez v. Selskygreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004In any event, even if petitioner were correct, the Hearing Officer adjourned the hearing to give petitioner an opportunity to review the report, alleviating any alleged prejudice (see Matter of Hernandez v Selsky, supra at 831).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
Smythe v. Fischer neutral
nyappdiv · 2012
2 sentences

2014In our view, the Hearing Officer made reasonable and substantial efforts to contact the witness (see Matter of Smythe v Fischer, 101 AD3d 1280 , 1281 [2012], lv denied 20 NY3d 861 [2013]; Matter of Wright v Bezio, 64 AD3d 1109, 1110 [2009]).

2014In our view, the Hearing Officer made reasonable and substantial efforts to contact the witness (see Matter of Smythe v Fischer, 101 AD3d 1280 , 1281 [2012], lv denied 20 NY3d 861 [2013]; Matter of Wright v Bezio, 64 AD3d 1109, 1110 [2009]).

22014–2014
McFadden v. Prack green
ny · 2014
1 sentence

2017Further, the record demonstrates that petitioner indicated that he understood the Hearing Officer and the charges against him and, when the hearing resumed three days later, there is no indication that petitioner was without his hearing aids, the issue was not raised again and the record reflects that he fully and knowledgeably participated in the proceedings (see Matter of McFadden v Prack, 120 AD3d 853, 854 [2014], lv denied 24 NY3d 908 [2014], lv dismissed 24 NY3d 930 [2014]; Matter of Medina v New York State Dept. of Corr.

12017–2017
Jeckel v. New York State Department of Corrections green
nyappdiv · 2013
1 sentence

2016Nor has petitioner demonstrated that he was denied access to his attorney, as the Hearing Officer adjourned the hearing to afford petitioner time to speak with his attorney (compare Matter of Jeckel v New York State Dept. of Corr., 111 AD3d 1180 , 1181 [2013]).

12016–2016
MATTER OF PENNY B. v. Gary S. green
ny · 2009
1 sentence

2011As such, we find that any purported inadequacy on the part of the employee assistant was cured by the Hearing Officer at the disciplinary hearing and petitioner has demonstrated no prejudice resulting from the alleged inadequate assistance (see Matter of Fludd v New York State Dept. of Correctional Servs., 62 AD3d 1149, 1152 [2009], lv denied 13 NY3d 705 [2009]; Matter of Sierra v Dubray, 58 AD3d 970, 971 [2009]; Matter of Burgess v Selsky, 50 AD3d 1347, 1348 [2008]).

12011–2011
Folk v. Goord green
nyappdiv · 2006
1 sentence

2008Under these circumstances, we find that reasonable efforts were made to locate petitioner’s witnesses (see Matter of Callender v Selsky, 41 AD3d 1065, 1066 [2007]; Matter of Folk v Goord, 29 AD3d 1182 [2006]).

12008–2008
Polanco v. Coughlin green
nyappdiv · 1993
1 sentence

2004The record discloses that the Hearing Officer adjourned the hearing to investigate petitioner’s request and concluded, based on a combination of factors, that petitioner was sufficiently proficient in English and did not require the services of an interpreter (see Matter of Santiago v Goord, 253 AD2d 970 [1998]; Matter of Polanco v Coughlin, 196 AD2d 943 [1993]).

12004–2004
Dalton v. Selsky green
nyappdiv · 2004
1 sentence

2004We also find that the misbehavior reports, the items confiscated from the watch room, the testimony at the hearing and the positive urinalysis test results and related documentation provide substantial evidence supporting the determination of guilt (see Matter of Dalton v Selsky, 6 AD3d 844 [2004]; Matter of Toro v Goord, 284 AD2d 764 [2001]).

12004–2004
Santiago v. Goord green
nyappdiv · 1998
1 sentence

2004The record discloses that the Hearing Officer adjourned the hearing to investigate petitioner’s request and concluded, based on a combination of factors, that petitioner was sufficiently proficient in English and did not require the services of an interpreter (see Matter of Santiago v Goord, 253 AD2d 970 [1998]; Matter of Polanco v Coughlin, 196 AD2d 943 [1993]).

12004–2004
Toro v. Goord green
nyappdiv · 2001
1 sentence

2004We also find that the misbehavior reports, the items confiscated from the watch room, the testimony at the hearing and the positive urinalysis test results and related documentation provide substantial evidence supporting the determination of guilt (see Matter of Dalton v Selsky, 6 AD3d 844 [2004]; Matter of Toro v Goord, 284 AD2d 764 [2001]).

12004–2004
Joyce v. Goord green
nyappdiv · 1998
1 sentence

2002Under these circumstances, we conclude that the Hearing Officer properly excluded petitioner from the remainder of the hearing (see Matter of Beckles v Selsky, 273 AD2d 584, 585 , Iv denied 95 NY2d 764 ; Matter of Dumpson v McGinnis, 247 AD2d 804 ; Matter of Joyce v Goord, 246 AD2d 926, 927-928 ).

12002–2002
Dumpson v. McGinnis green
nyappdiv · 1998
1 sentence

2002Under these circumstances, we conclude that the Hearing Officer properly excluded petitioner from the remainder of the hearing (see Matter of Beckles v Selsky, 273 AD2d 584, 585 , Iv denied 95 NY2d 764 ; Matter of Dumpson v McGinnis, 247 AD2d 804 ; Matter of Joyce v Goord, 246 AD2d 926, 927-928 ).

12002–2002
Hicks v. Selsky green
nyappdiv · 2000
1 sentence

2002Under these circumstances, we conclude that the Hearing Officer properly excluded petitioner from the remainder of the hearing (see Matter of Beckles v Selsky, 273 AD2d 584, 585 , Iv denied 95 NY2d 764 ; Matter of Dumpson v McGinnis, 247 AD2d 804 ; Matter of Joyce v Goord, 246 AD2d 926, 927-928 ).

12002–2002
Bolling v. Coombe green
nyappdiv · 1996
11998–1998
Aviles v. Scully green
nyappdiv · 1989
11993–1993
Nieves v. Coughlin neutral
nyappdiv · 1990
11993–1993
Brown v. Coughlin green
nyappdiv · 1990
11993–1993

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