Petitioner is this Article 78 proceeding had been issued Notices of Violation (NOV) for failing to obtain a work permit and failing to correct violaitons. Petitioner was represented by an attorney at the first hearing and requested an adjouned and this request was granted. Petitioner and his attorney were informed that the next hearing date was marked final. At the next hearing date the Petitioner informed the Administrative Law Judge that he had retained new counsel but the judge denied his request for an additional adjournment.
The Appellate Division, Second Department denied the Article 78 petition and ruled:
There is no right to counsel at civil or administrative proceedings therefore the ALJ’s denial was proper
There was no violation of Petitioner’s rights because the summonsing agent from Department of Buildings was not available to be cross examined at the hearing. (Most likely the summons was used at the hearing as proof of the charges.)
The ALJ’s finding were supported by substantial evidence.
Finally, the penalty imposed did not shock the conscience.
Read about this Article 78 case involving the NYC Department of Buildings (DOB) and hearings at the Environmental Control Board (ECB) here.
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