Appellate Division, Fourth Department · October 2, 2026 · 2026 NY Slip Op 05624
Matter of Antonetti v City of Rochester
Read the official decision: 2026 NY Slip Op 05624
Holding The court annulled the termination of the petitioner’s employment because the hearing officer lacked jurisdiction due to the absence of a written delegation of authority. Additionally, the final decision-maker was required to recuse herself from the process after initiating charges and testifying at the hearing.
The court’s words
In the absence of a written delegation authorizing a deputy or other person to conduct the hearing, the removing board or officer has no jurisdiction to discipline an employee
2026 NY Slip Op 05624, at the official text
when an officer institutes charges of misconduct and testifies at the ensuing hearing, that officer, in the interest of fairness, must disqualify [themselves] from reviewing the Hearing Officer's recommendations and rendering a final determination
2026 NY Slip Op 05624, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | October 2, 2026 |
| Citation | 2026 NY Slip Op 05624 |
| Area of law | Administrative Law |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05624 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 820 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Antonetti v City of Rochester, 2026 NY Slip Op 05624 (Appellate Division, Fourth Department, October 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05624/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works