[DOWNLOAD] "Matter John E. Sengstacken v. John F. Mcalevey" by Supreme Court of New York * Book PDF Kindle ePub Free

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eBook details

• Title: Matter John E. Sengstacken v. John F. Mcalevey
• Author : Supreme Court of New York
• Release Date : January 26, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Proceeding pursuant to article 78 of the CPLR to annul respondents' determination which discharged petitioner on October 23,
1967 from his position as Building and Zoning Inspector, after a hearing. Determination annulled, on the law, without costs,
and petitioner is reinstated to his position as Building and Zoning Inspector. We find that the evidence adduced was insubstantial
and the record does not support the finding of the respondent Town Board that petitioner was guilty of misconduct in office.
He cannot be held responsible for strict enforcement of building code requirements where his accountability was hampered by
(1) errors of subordinates not of his choosing, (2) weather conditions that rendered strict compliance inadvisable and (3)
other circumstances that made it reasonably advisable to waive strict compliance. Moreover, if we were not anulling the determination
for the foregoing reasons, we would in any event annul it on the ground that petitioner was denied due process by the fact
that the hearing officer who presided over the 54 sessions of the hearing made recommendations which were adopted by the Town
Board by a vote of three in favor, one opposed and one absention, with the hearing officer casting the deciding vote. Munder, Acting P. J., concurs in the result, with the following memorandum:

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