Waskiewicz v. New York City Police Department
Opinion of the Court
Determination of respondent New York City Police Department, dated August 2, 1993, revoking petitioner’s target pistol license and rifle/shotgun permit, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Herman Cahn, J.], entered June 24, 1994) is dismissed, without costs.
Testimony adduced at the hearing provided substantial evidence to support the Hearing Officer’s determination that
Moreover, petitioner was not denied due process because the Hearing Officer who presided over petitioner’s de novo hearing had also presided at his original hearing. This claim is purely speculative and unsupported by any evidence. In any event, the Supreme Court has ruled that agency examiners are not precluded from sitting on a hearing because "they ruled strongly against a party in the first hearing” (Labor Bd. v Donnelly Garment Co., 330 US 219, 237). We have considered petitioner’s other claims and find them to be without merit. Concur—Rosenberger, J. P., Kupferman, Nardelli and Tom, JJ.
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