In Re the Claim of Brooks
New York Court of Appeals
1Opinion of the Court
Memorandum. The notice of hearing, though falling short of the sort of specificity that is desirable, did, under the circumstances of this case, "set forth the facts in sufficient detail to enable [claimant] to prepare his defense” (1 Cooper, State Administrative Law, pp 284-285). Thus, while the initial local office’s determination was based upon claimant’s insubordinate behavior on Friday, September 28, 1973, and the appeal board premised its ultimate decision on his failure to report to work the next day, the record as a whole makes clear that both were part of the continuum of related…
2Cases cited2 opinions
- In Re the Claim of FraekornNew York Court of Appeals · 1974
- In re the Claim of FraekornAppellate Division of the Supreme Court of the State of New York · 1973
3Cited by4 opinions
- In re the Claim of HerwigAppellate Division of the Supreme Court of the State of New York · 1979
- Ector v. BlumAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Claim of LynchAppellate Division of the Supreme Court of the State of New York · 1979
- In re the Claim of ZayasAppellate Division of the Supreme Court of the State of New York · 1977