Jones v. Fischer
Opinion of the Court
Initially, we are not persuaded by petitioner’s procedural complaints. The record reflects that the Hearing Officer conducted a fair and impartial hearing and made appropriate evidentiary determinations (see Matter of Dennis v Bezio, 82 AD3d 1398, 1399 [2011]; Matter of Sepe v Goord, 1 AD3d 667, 668 [2003]). The record also reflects that the hearing was conducted within the time frames permitted by appropriate extensions (see Matter of McNeil v Fischer, 95 AD3d 1520, 1521 [2012]; Matter of Martinez v Fischer, 82 AD3d 1380, 1381 [2011]). Furthermore, we are satisfied on this record that petitioner was provided with adequate employee assistance (see Matter of McNeil v Fischer, 95 AD3d at 1521; Matter of Liner v Fischer, 56 AD3d 1088, 1088 [2008], lv denied 12 NY3d 703 [2009]).
Peters, P.J., Lahtinen, Kavanagh, McCarthy and Garry, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.