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MATTER OF HILL v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEMS

283 A.D.2d 846 (2001)

724 N.Y.S.2d 663

In the Matter of STEVEN HILL, Petitioner, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEMS et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 24, 2001.

Peters, J.

Inasmuch as respondents concede that the Hearing Officer erred in issuing his decision prior to receipt of petitioner's brief and prior to the date scheduled for its submission, the appropriate remedy for this procedural defect is to remit the matter to respondent Comptroller for a de novo determination upon the existing record (see, Matter of Kaiser v McCall, 262 A.D.2d 920).

Adjudged that the determination...

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