Opinion
May 26, 1987
Ordered that the matter is remitted to the respondent, which is directed, with all convenient speed, to make written findings setting forth the essential facts and evidence upon which it relied in reaching its determination; the proceeding is held in abeyance in the interim.
The respondent summarily reversed the findings of fact of the Hearing Officer without making new findings. Due process considerations mandate that findings of fact be made in a manner such that the parties are assured that the decision is based on evidence in the record, uninfluenced by irrelevant or improper considerations, and so that an intelligent challenge by a party aggrieved and adequate judicial review are possible (see, Matter of Simpson v. Wolansky, 38 N.Y.2d 391; Matter of Smith v. Board of Educ., 107 A.D.2d 749). Thompson, J.P., Niehoff, Kunzeman and Harwood, JJ., concur.