Newspaper reports admitted into evidence in an administrative disciplinary proceeding

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Newspaper reports admitted into evidence in anadministrative disciplinary proceeding
2012 NY Slip Op 07479, Appellate Division, Fourth Department
A volunteer firefighter filed an Article 78 petitionchallenging the Volunteer Fire Company’s decision,  to expel him from membership in the Fire Company following a hearing held pursuant to General Municipal Law §207-l.
The petitioner contended that the Fire Company had violated§160.50 of the Criminal Procedure Law, which provides for the “sealing” ofcertain record, when the Company admitted into evidence media reports relatedto the petitioner's arrests or when it presented the testimony of a policeinvestigator who was involved in the relevant criminal investigations.
As to newspaper media reports concerning petitioner'sarrests, the Appellate Division, citing New York State Dept. of MentalHygiene v State Div. of Human Rights, 103 AD2d 546, 549, affd 66NY2d 752, said that such newspaper reports are not "official records andpapers . . . relating to [the petitioner's] arrest or prosecution" withinthe meaning of CPL §160.50(1)(c). Further, said the court, it is "permissible to consider the independent evidence of the conduct [of thepetitioner] leading to the criminal charges."
As to the testimony of the police investigator, the courtexplained that the police investigator was "free to testify frommemory" concerning the conduct that led to the petitioner's arrests.”
The Appellate Division then stated there was substantialevidence establishing that the petitioner had exhibited a lack of "goodmoral character" in violation of Article II, §2 of the Fire Company'sConstitution and By-laws and had committed misconduct under General MunicipalLaw §209-l".
N.B. §209-l provides for the removal of volunteer officers andvolunteer members of fire departments charged with, and found guilty of,misconduct or incompetence after a hearing.
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_07479.htm