Matter of Lindo v Ponte

Holding The Appellate Division affirmed the dismissal of the CPLR article 78 proceeding, finding that the Administrative Law Judge was properly designated in writing as required by Civil Service Law § 75(2). The court determined that the 2012 letter from the DOC Commissioner designating OATH judges was sufficient to establish the ALJ’s jurisdiction.

The court’s words

The failure to designate a hearing officer for a disciplinary hearing in writing, as required by Civil Service Law § 75(2), is a jurisdictional defect that renders the hearing officer's determination null and void

2026 NY Slip Op 06118, at the official text

Here, the respondents established that the ALJ was properly designated to conduct the petitioner's disciplinary hearing and to make recommendations thereon

2026 NY Slip Op 06118, at the official text

The hearing upon such charges shall be held by the officer or body having the power to remove the person against whom such charges are preferred, or by a deputy or other person designated by such officer or body in writing for that purpose

2026 NY Slip Op 06118, at the official text