Opinion
October 2, 1995
Adjudged that the petition is granted, on the law, without costs or disbursements, the determination is annulled, and the matter is remitted to the Yonkers Parking Authority for a new determination to be rendered by an impartial decision-maker.
The Executive Director should have disqualified himself from reviewing the recommendation of the Hearing Officer and acting on any of the charges because of his personal involvement with the case (see, Matter of Lowy v. Carter, 210 A.D.2d 408; Matter of Cafaro v. Pedersen, 123 A.D.2d 860; Matter of O'Reilly v. Pisani, 79 A.D.2d 973). The Executive Director was present during one of the alleged incidents, was involved in the initial investigation, preferred the charges and appointed the Hearing Officer. Based on all the facts of the Executive Director's involvement, he should have disqualified himself and appointed another individual to make the final determination. Therefore, the petition is granted, the determination is annulled, and the matter is remitted to the Yonkers Parking Authority for a de novo determination by any other duly qualified individual who may be designated. The determination should be based upon the original hearing and shall include written findings of fact showing the grounds for the determination (see, Matter of Lowy v. Carter, supra; Matter of Martin v. Platt, 191 A.D.2d 758; Matter of Memmelaar v. Straub, 181 A.D.2d 980). O'Brien, J.P., Copertino, Santucci and Joy, JJ., concur.