Stapleton v. Ponte

1 Citing case

  1. Merced v. Ponte

    17-cv-4918 (KAM) (E.D.N.Y. Mar. 13, 2019)   Cited 5 times

    In Stapleton v. Ponte, the New York Supreme Court determined that a 1992 letter authorizing Administrative Law Judges, including ALJ Spooner, to conduct pre-termination hearings for correction officers was still in effect. (Moy Reply Decl., Ex. B., Decision and Order, in the matter of Stapleton v. Ponte, Index No. 7533/2014 (Sup. Ct., Queens Cty. Dec. 10, 2014)); see also Stapleton v. Ponte, No. 17-CV-00514, 2018 WL 1545686, at *4 (E.D.N.Y. Mar. 28, 2018) (holding that plaintiff's claim that ALJ Spooner was not authorized to conduct an OATH Hearing was necessarily decided in the state court Article 78 proceeding, where the state court held "Administrative Law Judge John B. Spooner, had the authority and jurisdiction to conduct the subject administrative hearing and make recommendations thereon"). The OATH proceeding provided plaintiff with notice and an opportunity to be heard.