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Relying on hearsay evidence in administrative hearings depends on the creditability of the witness.

Relying on hearsay evidence in administrative hearings depends on the creditability of the witness.
Saunders v City of New York, 273 AD2d 103, Motion for leave to appeal denied, 95 NY2d 766

New York City police officer Brian Saunders was terminated from his position after being found guilty of having assaulted and caused physical injuries to two former girlfriends.

Sauders appealed, contending that the Commissioner?s determination was not supported by substantial evidence because it was based on hearsay. The Appellate Division disagreed, holding that [t]he hearsay statements of the complainants were sufficiently probative to constitute substantial evidence.

According to the decision [h]earsay may constitute substantial evidence where, as here, it is sufficiently reliable and probative on the issues to be determined. This, in turn, depends on the credibility of the witnesses. The issue of the credibility of the witnesses at Sauders? departmental disciplinary hearing, said the court, was a matter to be assessed by the Deputy Commissioner who presided at the trial.

Accordingly, said the court, determinations concerning the credibility of witnesses is largely beyond our power of review.

Full post as published by New York Public Personnel Law on February 07, 2011 (boomark / email).