McDonald v. Department of Mental Hygiene

Proceeding pursuant to article 78 of the CPLR to review a determination of respondent Barahal dismissing petitioner as an employee of the Pilgrim State Hospital. Determination annulled, on the law, with costs, and matter remitted to respondent the Department of Mental Hygiene for a new hearing on the charges preferred against petitioner and for a determination de novo, in accordance with the views herein set forth. Although we are of the opinion that the record does not reflect *998such bias or prejudice on the part of the hearing officer as to render the hearing vulnerable in that respect, we…