AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of ANTHONY J. MESCHINO et al., Respondents, v. ROBERT O. LOWERY, as Fire Commissioner of the City of New York, et al., Appellants.

Order and judgment (one paper), Supreme Court, New York County, entered April 28, 1971, affirmed, without costs and without disbursements. We agree with Special Term that the proceedings for which we previously remanded to the Trustees ( 34 A.D.2d 255) should be adversary in nature, with an "opportunity to confront and cross-examine adverse witnesses" ( Goldberg v. Kelly, 397 U.S. 254, 269). However, we hesitate to adopt Special Term's description of the hearing as "full dress." It will suffice for its purposes if carried on within the well-recognized standards of any fair administrative hearing.

Concur — McGivern, Markewich and Murphy, JJ.; Stevens, P.J., dissents in part in the following memorandum: I would modify to remand to the Board of Trustees with a direction to reopen the matter for the purpose of receiving such further evidence as either side might wish to present on the issues. In my view neither our prior decision ( 34 A.D.2d 255), nor the case cited by the majority ( Goldberg v. Kelly, 397 U.S. 254) mandates a full dress hearing, adversary in nature, in a proceeding of this kind ( Matter of Martucci v. Board of Trustees, 18 A.D.2d 3). [ 66 Misc.2d 390.]

Use AI to get other relevant cases.

Comments

MATTER OF MESCHINO v. LOWERY
(Dec 9, 1971)