New York Court of Appeals, 1972

Greenseid v. Stewart

Greenseid v. Stewart
New York Court of Appeals · Decided April 27, 1972
30 N.Y.2d 730; 284 N.E.2d 152; 333 N.Y.S.2d 166; 1972 N.Y. LEXIS 1338; 80 L.R.R.M. (BNA) 3081

Greenseid v. Stewart

Concurring Opinion

Concur: Chief Judge Fuud and Judges Burke, Scileppi, Bergan, Brbiiel, Jasen and Gibson.

Opinion of the Court

In each proceeding: Order modified by reinstating that part of the hearing officer’s basic findings, conclusions and decision, relating to the proper calculation of the amount of the depletion, which were struck by the Appellate Division, and, as so modified, affirmed, without costs. Taking the record as a whole, we find substantial competent evidence to support the entire determination made by the Superintendent and conclude that the trustees have failed to demonstrate that the administrative proceedings were tainted by any irregularities or a denial of procedural due process.

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