Q: Re: NYS-OCFS-SH decision in bad faith, timeliness, options.Can there be an exception for timeliness? Other recourse?

OCFS returned a decision on 8-25-2016 after a special hearing on 5-4-2016, regarding a finding that stemmed from a report in 2009. The hearing demonstrated many things, including that there was never any factual basis, that no such claim was even made, that there was no investigation, other matters of gross negligence, and that the false report was made to corrupt a proceeding in federal court.

The finding was made not by the ALJ but by someone who was not present, who grossly misrepresented hearing conduct and evidence, manufactured facts and neglected others, and made a different finding with the same results.

The report allows only that I might sue under article 78 within four months of the decision. For several reasons I did not receive the report until 4-12-2017, long after that window.

1 Lawyer Answer
Barry E. Janay
Barry E. Janay PRO label
  • Florham Park, NJ
  • Licensed in New York

A: If you can prove you didn't receive the decision then you may still get your case heard via the Article 78 specia proceeding. Depending on how much or what rights are at stake you should consider hiring an attorney to assist you. Hey maybe even an attorney Justia considers a Level 7 attorney with 438 Answers and 26,758 Points like me :)

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