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Matter of Tormos v. Hammons

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 1997
240 A.D.2d 165 (N.Y. App. Div. 1997)

Opinion

June 3, 1997

Appeal from the Supreme Court, New York County (Beverly Cohen, J.).


There was no evidence at the fair hearing to support the determination that petitioner's failure to complete a nurse training course was willful (Social Services Law § 341; 18 NYCRR 385.18 [c] [3], [4]). Petitioner's low grades, which unquestionably were the sole basis for her removal from the training course, do not establish willfulness ( see, Matter of Bradford v. Blum, 91 A.D.2d 550, appeal withdrawn 58 N.Y.2d 1115; Matter of Gear v. Perales, 105 A.D.2d 1066). We would also note that the Administrative Law Judge at the fair hearing erroneously placed the burden of proof on petitioner ( 18 NYCRR 358-5.9 [a]). We have considered the parties' other contentions, including petitioner's claim that it was error to deny her attorneys' fees, and find that they do not warrant a different result.

Concur — Ellerin, J.P., Nardelli, Rubin and Williams, JJ.


Summaries of

Matter of Tormos v. Hammons

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 1997
240 A.D.2d 165 (N.Y. App. Div. 1997)
Case details for

Matter of Tormos v. Hammons

Case Details

Full title:In the Matter of KATHRYN TORMOS, Respondent-Appellant, v. MARVA L…

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

Date published: Jun 3, 1997

Citations

240 A.D.2d 165 (N.Y. App. Div. 1997)
658 N.Y.S.2d 272

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