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

Jul 10, 2025

Administrative Law Judge denies a request to take judicial notice of testimony given by the witness in an earlier hearing in the instant hearing

New York City's Office of Trials and Hearings [OATH] Administrative Law Judge [ALJ] Joycelyn McGeachy-Kuls denied the Respondent’s application asking the ALJ to take judicial notice of, or admit as evidence, transcripts from a prior OATH administrative hearing proceeding.

The New York City's Department of Sanitation [Petitioner] had charged Respondent with certain time and leave violations. Although Respondent appeared at the first day of the instant administrative hearing, he failed to appear at subsequent hearings scheduled in the instant proceeding and authorized his counsel to proceed in his absence.

In addition, Respondent failed to call any witnesses or present any evidence in the instant administrative hearing but after the conclusion of the hearing Respondent’s attorney submitted an application seeking to have the ALJ "take judicial notice of the transcripts of testimony taken at an earlier concluded 11-day OATH hearing involving Respondent." Plaintiff's attorney also reported that Respondent was unavailable “despite reasonable efforts to locate him.” 

The ALJ denied Respondent's judicial notice request noting that the transcript of the prior proceeding contained contested information and information that was "not common and general knowledge". 

In addition, Judge McGeachy-Kuls rejected Plaintiff's attorney's argument that the transcripts were admissible as prior judicial admissions. The ALJ explained that such admissions are offered to establish an inconsistency between a witnesses' testimony in an earlier proceeding and the witnesses' former and current testimony.

The ALJ further noted that Respondent had refused to testify in the instant proceeding and reject Plaintiff's attorney's argument that the transcripts were admissible as prior testimony hearsay because there was no evidence in the record that Respondent was unavailable to testify at the instant hearing.

Click HERE to access the decision and recommendation of Judge McGeachy-Kuls posted on the Internet.


NYPPL Publisher 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.

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.
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.
New York Public Personnel Law. Email: publications@nycap.rr.com