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Consideration of hearsay evidence in a Section 75 disciplinary hearing permitted

Consideration of hearsay evidence in a Section 75 disciplinary hearing permitted
Matter of Ebling v Town of Eden, 59 AD3d 978

The Appellate Division confirmed the dismissal of Stephen Ebling from his position following a hearing pursuant to Civil Service Law § 75.

The court rejected Ebling?s contention that the evidence presented at the hearing did not support his being found guilty of the charges preferred against him. It noted that the evidence is sufficient if it consists of "such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact."

In addition, the Appellate Division ruled that Ebling had not been denied due process and a fair hearing by the admission of hearsay evidence against him.

Full post as published by New York Public Personnel Law on March 03, 2010 (boomark / email).