MATTER OF HUGHES v. SUFFOLK COUNTY DEP'T OF CIVIL SERV.


74 N.Y.2d 833 (1989)

In the Matter of Jesse R. Hughes, Respondent, v. Suffolk County Department of Civil Service, Respondent, and Town of Riverhead, Appellant.

Court of Appeals of the State of New York.

Decided September 19, 1989.


Attorney(s) appearing for the Case

Pierre G. Lundberg for appellant.

E. Thomas Boyle, County Attorney (Caroline Levy of counsel), for Suffolk County Department of Civil Service, respondent.

Reynold A. Mauro for Jesse R. Hughes, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be reversed and respondent's determination reinstated.

An administrative hearing must be conducted by an unbiased Hearing Officer (see, People ex rel. Packwood v Riley, 232 N.Y. 283, 286). To establish Hearing Officer bias as a matter of fact, there must be support in the record for the bias and proof that the outcome flowed from the alleged bias...

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