ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

July 23, 2012

A factual demonstration to support allegations that an individual was denied a fair hearing by an administrative tribunal is critical to rebutting the presumption of honesty and integrity accorded to administrative bodies



A factual demonstration to support allegations that an individual was denied a fair hearing by an administrative tribunal is critical to rebutting the presumption of honesty and integrity accorded to administrative bodies
Dutrow v New York State Racing & Wagering Bd., 2012 NY Slip Op 05699, Appellate Division, Third Department

One of the issues in this appeal challenging a disciplinary action taken against an individual by the New York State Racing & Wagering Board was a claim that the target of a disciplinary action by the Board was deprived of a fair hearing as a result of the refusal of Board’s chair, John Sabini, to recuse himself from the proceeding.

Sabini, in addition to serving as the Board’s chair, was an unpaid officer of the Association of Racing Commissioners International, an organization devoted to maintaining a multi-jurisdictional database of licensed horse racing professionals' disciplinary histories.Sabini, however, had no prior official involvement with, and made no appearance in, this case stemming from his position with the Association. 

The Association’s president, however, had informed Sabini that a United States Senator's office had inquired about the case. The Association's president also had publicly urged the Board to assess individual’s "suitability to continue his participation in racing." The court, however, observed that [1] Sabini was not bound to follow any suggestions made by the Association or its president and [2] there was nothing in the record indicating that Sabini took any action based upon these communications or otherwise "gave the impression that [he] had prejudged the facts."

The Appellate Division said that such a “bare allegation” that these communications led to bias is insufficient absent "a factual demonstration to support the allegation . . . and proof that the [adverse] outcome flowed from it."

As the accused individual had failed, in the words of the court, "to rebut the presumption of honesty and integrity accorded to administrative bodies," the Appellate Division held “it cannot be said that he was denied a fair hearing.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2012/2012_05699.htm

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com