Summary
In Bryer v. Family Court Panel Plan, 205 A.D.2d 406, 613 N.Y.S.2d 609 (1st Dep't 1994), the First Department rejected a claim that the denial, without a hearing, of recertification to a panel of family court lawyers, violated the due process rights of the former panel member.
Summary of this case from Thomas v. HeldOpinion
June 21, 1994
Appeal from the Supreme Court, New York County (Alfred Lehner, J.).
Respondent's determination not to recertify petitioner to the Family Court Panel did not deprive petitioner of her constitutional right to due process, the rules pertaining to recertification ( 22 NYCRR 611.4, 611.5), unlike that pertaining to complaints against panel members concerning their professional conduct ( 22 NYCRR 611.8), requiring neither a hearing nor a written statement of reasons (see, Board of Regents v. Roth, 408 U.S. 564; Schwartz v. Mayor's Comm. on Judiciary, 816 F.2d 54). Nor does an issue of fact exist whether the determination was made in bad faith (cf., Matter of Cohen v. Koehler, 82 N.Y.2d 882), respondent having submitted sufficient evidence that the Committee member claimed to have a conflict of interest had recused herself from all proceedings involving petitioner's recertification.
Concur — Rosenberger, J.P., Kupferman, Ross and Nardelli, JJ.