The decision and the summary is also posted on the Law Journal website at http://www6.law.com/ny/decisions/doi031202.shtml under "Decisions of Interest". However, e-mail address and password registration is required before being allowed to view that section of the website. The full text of the decision can be downloaded at http://www6.law.com/lawcom/displayid.cfm?statename=NY&docnum=115588&table=case+digest&flag=full
The decision is also on the web at http://www.samsloan.com/lebedeff.htm.
Here is the summary, as published in the New York Law Journal:
Decisions of Interest
New York Law Journal
Tuesday, March 12, 2002
Taxi Driver's License Hearing Said to Have Violated Due Process, Commission's Rules PETITIONER TAXI cab driver's Article 78 proceeding challenged, among other things, respondent commission's denial of his application for a new license. The court annulled the commission's denial and referred the matter for further proceedings. It found that the commission's hearing in connection with petitioner's application for a second license failed to meet minimal standards for a fair hearing. Among other things, the court found that petitioner had not been given fair notice of the charges against him or an opportunity to respond to evidence against him. The court also found that the commission provided a hearing based on secret evidence and undisclosed complaints and failed to follow its own rules for a fitness hearing. The court found that the commission's procedures conformed neither to due process requirements nor its own rules.
Sloan v. New York City Taxi and Limousine Commission, New York, Supreme Court, Justice Lebedeff.