Matter of Clancy v New York State Dept. of Motor Vehs.

Holding The court held that a driver’s license revocation hearing did not violate due process when the arresting officer testified via audio-only telephone rather than video. The court found that the petitioner had the opportunity to cross-examine the witness and that the administrative burden of requiring video access outweighed the minimal risk of erroneous deprivation.

The court’s words

the due process right to cross-examine adverse witnesses in administrative proceedings is the same as in a civil proceeding

2026 NY Slip Op 06499, at the official text

the State Administrative Procedure Act, though providing that a party has the right to cross-examination in administrative proceedings, does not require that witness testimony or cross-examination occur in any specific format

2026 NY Slip Op 06499, at the official text

the hearing transcript reveals that the trooper's account of events and credibility were fully explored and placed before the ALJ

2026 NY Slip Op 06499, at the official text

the revocation of a driver's license based upon the refusal to submit to chemical testing does not require the testimony of the arresting officer

2026 NY Slip Op 06499, at the official text