Cases About Depriving the Right to a Fair Hearing

In Rezoagli v. Toia, 62 AD2d 1020, 403 N.Y.S.2d 555 (Second Dept., 1978) the findings and determination at a fair hearing were set aside because the petitioner's daughter, who appeared without counsel was "not accorded the opportunity to make a clear presentation of her evidence ... and was not advised of her right to procure an adjournment of the hearing to enable her to produce witnesses essential to her case. In Dreher v. Smith, 65 A.D.2d 572, 409 N.Y.S.2d 26 (Second Dept., 1978), a new hearing was ordered because petitioner, who was appearing pro se was "not given proper notice and assistance with respect to the nature of the issues. Nor was there sufficient development by the hearing officer of the testimony presented to her" (pg 573). In Schnurr v. Perales, 115 AD2d 740, 497 N.Y.S.2d 395 (Second Dept., 1985), the court granted the petition, finding that "the brevity of the hearing and the Administrative Law Judge's abrupt termination of the proceedings without any attempt to delineate the issues upon which the hearing was to locus or in develop the testimony presented by the pro se petitioner effectively deprived her of her right to a fair hearing (pg 741).