32 A.D.2d 878 | N.Y. App. Div. | 1969
Determination unanimously annulled, with costs, and matter remitted to respondent for a new hearing in accordance with the following Memorandum: Although the suspension of petitioner’s operator’s license recites that it was made “ after a hearing on 1-25-68 ”, the findings of the Referee upon which it is based contain evidence not adduced thereat but given on December 7, 1967, when a police officer testified. Petitioner was not present at that hearing because he went to the courthouse where he supposed the hearing would be held instead of the State Office Building where the Referee was presiding. At 11:45 a.m. of that day he informed the Referee, by telephone, of his mistake and the Referee thereupon scheduled another hearing for January 25, 1968. When petitioner attended the resehed