MATTER OF HUGHES v. Suffolk County Dep't of Civil Serv.
Cases that cite this one
57 later published cases cite this decision. The 25 that cite it most often are listed here.
- Locurto v. Safir (2d Cir. 2001)
- Matter of Ruttenberg v. Zoning Bd. of Appeals of the Vil. of Southampton (Appellate Division of the Supreme Court of New York 2023)
- Matter of Nazor v. New York City Loft Bd. (Appellate Division of the Supreme Court of New York 2020)
- Matter of Gazda v. New York State Dept. of Motor Vehs. (Appellate Division of the Supreme Court of New York 2018)
- Matter of Rytelewski v. Russo (Appellate Division of the Supreme Court of New York 2015)
- RODRIGUEZ, RAFAEL v. ANNUCCI, ANTHONY (Appellate Division of the Supreme Court of New York 2014)
- Rodriguez v. Annucci (Appellate Division of the Supreme Court of New York 2014)
- Rodriguez v. Annucci (Appellate Division of the Supreme Court of New York 2014)
- Harris v. Israel (Appellate Division of the Supreme Court of New York 2012)
- Byrnes v. Mahon (Appellate Division of the Supreme Court of New York 2010)
- Reyes v. Goord (Appellate Division of the Supreme Court of New York 2008)
- Smythe v. Goord (Appellate Division of the Supreme Court of New York 2007)
- Dunlop Development Corp. v. Spitzer (Appellate Division of the Supreme Court of New York 2006)
- Larkins v. Selsky (Appellate Division of the Supreme Court of New York 2005)
- Goldberg v. Goord (Appellate Division of the Supreme Court of New York 2005)
- Galdamez v. Davis (Appellate Division of the Supreme Court of New York 2004)
- McLean v. City of Albany (Appellate Division of the Supreme Court of New York 2004)
- Helmer v. New York State & Local Employees' Retirement System (Appellate Division of the Supreme Court of New York 2003)
- Blaylock v. Goord (Appellate Division of the Supreme Court of New York 2002)
- Icahn v. Board of Zoning Appeals (Appellate Division of the Supreme Court of New York 2000)
- Gray v. Novick (Appellate Division of the Supreme Court of New York 2000)
- Riley v. Goord (Appellate Division of the Supreme Court of New York 2000)
- O'Keefe v. Safir (Appellate Division of the Supreme Court of New York 2000)
- Town of Pleasant Valley v. New York State Board of Real Property Services (Appellate Division of the Supreme Court of New York 1999)
- Schindlar v. Incorporated Village of Lloyd Harbor (Appellate Division of the Supreme Court of New York 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and respondent’s determination reinstated.
An administrative hearing must be conducted by an unbiased Hearing Officer (see, People ex rel. Packwood v Riley, 232 NY 283, 286). To establish Hearing Officer bias as a matter of fact, there must be support in the record for the bias and proof that the outcome flowed from the alleged bias (see, Matter of Warder v Board of Regents, 53 NY2d 186, 197). Here, petitioner’s only "evidence” claiming bias is an unsworn memorandum asserting that the Hearing Officer was allegedly respondent’s employee. This is insufficient under Warder (supra). Lastly, to the extent petitioner now argues that the Hearing Officer’s appointment violated Civil Service Law § 72, as amended, this claim does not provide a basis for relief because it was not raised or relied upon at the agency level (see, Matter of Klapak v Blum, 65 NY2d 670, 672; Matter of Seitelman v Lavine, 36 NY2d 165, 170).
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order re *835 versed, with costs, and respondent’s determination reinstated in a memorandum. [See, 74 NY2d 942.]
Case-law data current through September 30, 2026. Source: CourtListener bulk data.