Weston v. Adduci

The petitioner claims that because the respondents’ investigator failed to specifically identify the individual who performed the allegedly inadequate vehicle inspection, the determination is not supported by substantial evidence (see, Matter of Pell v Board of Educ., 34 NY2d 222). His own testimony, however, identifying the employee and acknowledging that an inspection was conducted, vitiates this argument. Moreover, the petitioner was not deprived of a fair hearing. The record discloses that the petitioner had an ample opportunity to cross-examine the witness who gave material testimony…