Legal Opinion

Perez v. New York State Department of Labor

Appellate Division of the Supreme Court of the State of New York

Decided November 26, 1997PublishedCited by 9 opinions

1Opinion of the Court

Crew III, J. P.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Labor which, inter alia, found petitioner guilty of certain charges of misconduct.

Although conceding that respondent Commissioner of Labor, who personally issued the charges against petitioner and was a material witness at the disciplinary hearing, should have recused himself from reviewing the recommendations of the Hearing Officer and acting on the charges (see, Matter of Ernst v Saratoga County, 234…

2Cases cited6 opinions

  1. Wiggins v. Board of EducationNew York Court of Appeals · 1983
  2. Ernst v. Saratoga CountyAppellate Division of the Supreme Court of the State of New York · 1996
  3. Lowy v. CarterAppellate Division of the Supreme Court of the State of New York · 1994
  4. Blount v. ForbesAppellate Division of the Supreme Court of the State of New York · 1937
  5. Bozeman v. Village of GreenportAppellate Division of the Supreme Court of the State of New York · 1989

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McComb v. ReasonerAppellate Division of the Supreme Court of the State of New York · 2006
  2. Stein v. County of RocklandAppellate Division of the Supreme Court of the State of New York · 1999
  3. Arthur v. SoaresAppellate Division of the Supreme Court of the State of New York · 2012
  4. Perez v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1999
  5. Stafford v. Board of Education of Mohonasen Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2009

4 more not listed; retrieve them via the Exa API.

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