Bezuneh v. Urlacher

— Determination unanimously confirmed and petition dismissed without costs. Memorandum: The Hearing Officer improperly received in evidence the results of the polygraph test administered to petitioner since no proper foundation established the reliability of the particular machine used and its proper functioning on the day the test was given. Further, the qualifications of the person who administered the test to petitioner were never demonstrated (see, Matter of Sowa v Looney, 23 NY2d 329, 333-334; cf., May v Shaw, 79 AD2d 970). The erroneous reception of this evidence, however, does not…