Hyperlawhypertext legal database Bixler v. Weber 50 A.D.2d 722

← Cases

Bixler v. Weber

50 A.D.2d 722 Court N.Y. App. Div. Decision date 1975-11-06 English

Contents

Majority

p. 722
In the Matter of Shirley Bixler, Petitioner, v John A. Weber, as Commissioner of Social Services, et al., Respondents.

— Determination unanimously annulled, with costs, and petition granted. Memorandum: This is an article 78 proceeding brought with respect to petitioner’s discharge following a so-called hearing based upon charges contained in respondents’ letter to petitioner dated April 10, 1973. The transcript of the hearing consists of one and one-half pages without any sworn testimony. Respondents did not file

p. 723
an opposing brief. We find no substantial evidence to sustain respondents’ charges in this record. (Review of determination discharging petitioner, transferred by order of Niagara Special Term.) Present — Moule, J. P., Cardamone, Simons, Mahoney and Witmer, JJ.