Britt v. DiNapoli
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCarthy, J.
Petitioner has not preserved his due process arguments. The parties and Hearing Officer all acknowledge that the time of the second hearing was moved without informing petitioner or his counsel. The Hearing Officer and counsel for the Retirement System apparently agreed to take the direct testimony of the Retirement System’s witness — a doctor who conducted an examination of petitioner and reviewed his medical records — and admit his reports, reserving to petitioner the right to object to the testimony and reports and to cross-examine the doctor at a later time. The record does not support…
2Cases cited9 opinions
- Tobin v. SteiselNew York Court of Appeals · 1985
- Sanchez v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1994
- King v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2010
- Porter v. McCallAppellate Division of the Supreme Court of the State of New York · 2003
- Anderson v. McCallAppellate Division of the Supreme Court of the State of New York · 2002
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ashley v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of DeMaio v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
- Andrus v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
- Covelli v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Portmore v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2017
11 more not listed; retrieve them via the Exa API.