From Casetext: Smarter Legal Research

Matter of Fee Plan v. Dept., Envtl. Conser

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1986
118 A.D.2d 855 (N.Y. App. Div. 1986)

Opinion

March 31, 1986


Determination and order confirmed and proceeding dismissed on the merits, with costs.

A review of the record demonstrates that the hearing was fair and that the determination and order under review is supported by substantial evidence. The Administrative Law Judge clearly had the power to limit the petitioner's cross-examination of witnesses in order to avoid filling the record with irrelevant or unduly repetitious evidence (see, State Administrative Procedure Act § 306). As to the admission of a report prepared by one of the respondents' employees which contained a hearsay statement made by an anonymous informant, it is well settled that the technical rules of evidence need not be adhered to at an administrative hearing (cf. Matter of Maxfield v. Tofany, 34 A.D.2d 869). In any event, the Administrative Law Judge did not rely upon this statement in reaching his conclusions and therefore the outcome of the proceeding was not affected by this alleged error.

We do not find that the penalty assessed by the respondent commissioner was, under the circumstances, so disproportionate to the offenses as to shock one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233). Mangano, J.P., Brown, Weinstein and Spatt, JJ., concur.


Summaries of

Matter of Fee Plan v. Dept., Envtl. Conser

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1986
118 A.D.2d 855 (N.Y. App. Div. 1986)
Case details for

Matter of Fee Plan v. Dept., Envtl. Conser

Case Details

Full title:In the Matter of FEE PLAN, INC., Doing Business as ROCK TERRACE PARK…

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

Date published: Mar 31, 1986

Citations

118 A.D.2d 855 (N.Y. App. Div. 1986)

Citing Cases

Matter of Sipos v. Mirabel

Ordered that the respondent is awarded one bill of costs. It is well settled that judicial review of an…

Matter of Long Island Water Corp. v. Jorling

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs. It is…