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eBook details

• Title: Matter Leroy Waters v. Paul D. Mcginnis
• Author : Supreme Court of New York
• Release Date : January 15, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Determination of respondent Department of Correction dismissing petitioner from its employ as a correction officer annulled, on the law, with $25 costs and disbursements to petitioner, and proceeding remitted to the Department of Correction for a new hearing on the charges preferred against petitioner, in accordance with the views herein set forth, and for a determination de novo. Petitioner, a prison guard, was dismissed after a hearing held before the respondent Warden, as designated hearing officer, on charges of misconduct. From the extensive record of the hearing we are convinced that there was substantial evidence to support the determination. However, it appears that prior to the hearing the Warden had knowledge of most of the relevant facts, had caused the precipitating incident to be investigated and had caused the charges to be preferred. Further, some time before the hearing petitioner had made a formal request for the designation of a hearing officer other than

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