Matter of Class v. N.Y.C. Housing Authority

Full title: In the Matter of NELSON CLASS, Petitioner, v. NEW YORK CITY HOUSING…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 28, 1998

250 A.D.2d 543 (N.Y. App. Div. 1998)

673 N.Y.S.2d 433

Opinion

May 28, 1998

Appeal from the Supreme Court, New York County [Harold Tompkins, J.].

Petitioner was afforded a fair hearing and substantial evidence supports the determination ( see, 300 Gramatan Ave. Assocs. v. State Division of Human Rights, 45 N.Y.2d 176). The Hearing Officers credibility determinations will not be disturbed by this Court ( see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444), and petitioners claim of bias is unsubstantiated. An administrative proceeding is not subject to the same rules of evidence as a trial ( People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139), and, in any event, there is no indication that the Hearing Officer took into account uncharged conduct and hearsay in making his report and recommendation.

Concur — Lerner, P. J., Ellerin, Rubin, Tom and Andrias, JJ.