Legal Opinion
Pelaez v. Waterfront Commission of New York Harbor
Appellate Division of the Supreme Court of the State of New York
Decided September 13, 1982PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
O’Connor, J.
This case is another in a recent series of employee disciplinary determinations challenged in court because the government employer ignored the fundamental distinction between an adversarial and an inquisitorial proceeding. Under the circumstances we are required to annul the determination dismissing petitioner and remit the matter for a new hearing before a different hearing officer.
In this case the hearing officer was challenged at the outset on the ground that he had knowledge of the matter acquired prior to the hearing in his capacity as general counsel to…
2Cases cited27 opinions
- Withrow v. LarkinSupreme Court of the United States · 1975
- In Re Murchison.Supreme Court of the United States · 1955
- Arnett v. KennedySupreme Court of the United States · 1974
- Federal Trade Commission v. Cement InstituteSupreme Court of the United States · 1948
- Evans v. GoreSupreme Court of the United States · 1920
22 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Beer Garden, Inc. v. New York State Liquor AuthorityNew York Court of Appeals · 1992
- Anderson v. DolceDistrict Court, S.D. New York · 1987
- Bruemmer v. VecchioAppellate Division of the Supreme Court of the State of New York · 1983
- Arc Plumbing & Heating Corp. v. Board of Responsibility of the Department of General ServicesNew York Supreme Court · 1987
- Pfeifer v. GoordAppellate Division of the Supreme Court of the State of New York · 2000