Walker v. Franco

Rubin and Andrias, JJ.,

dissent in a memorandum by Andrias, J., as follows: Not only is there no evidence that petitioner, a 55-year-old woman who lived in her apartment for 25 years and appeared pro se, was given the requisite notice of the charges against her and a reasonable opportunity to obtain counsel to represent her at the administrative hearing held almost three years after the incident in question, but the rec*629ord lacks substantial evidence to support the Hearing Officer’s finding that petitioner possessed crack cocaine in her apartment in quantities sufficient to imply an intent to…