Court Orders Reversal and Expungement of Disciplinary Charges Based on Res Judicata

Citing Gustus v. Fischer, 64 A.D.3d 1034 (2009) the court held that “where two misbehavior reports charge violations concerning a single incident and all of the information necessary to support the charges was available before commencement of first hearing, a hearing on second misbehavior report is barred by doctrine of res judicata.”

Court Orders Expungement Of Disciplinary Charges Due To Inadequate Employee Assistance And Wrongful Denial Of Witness

On February 9, 2017, the Appellate Division, Third Department issued a decision in the case holding that our client was prejudiced by the assistant’s failure to interview the requested witnesses and that the Hearing Officer erred in denying the requested witness based on his own speculation regarding the content of the witness’s testimony.