New York Public Personnel Law: Hearsay evidence, if deemed "sufficiently relevant and probative", may constitute substantial evidence in an administrative proceeding

September 10, 2024

Hearsay evidence, if deemed "sufficiently relevant and probative", may constitute substantial evidence in an administrative proceeding

The Appellate Division unanimously affirmed the disciplinary penalty imposed on an employee [Petitioner] found guilty of disciplinary charges alleging Petitioner had engaged in misconduct against another employee that constituted sexual harassment.

Petitioner had challenged the determination finding him guilty of the charges served on him and the penalty imposed, placement on probation for six months and suspension without pay for five days.

Dismissing Petitioner's appeal, the Appellate Division, concluding that the guilty determination was supported by substantial evidence, "i.e. relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact", noted that hearsay is admissible in administrative proceedings and "if sufficiently relevant and probative may constitute substantial evidence."

Click HERE to access the decision of the Appellate Division posted on the Internet.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

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.