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Chapter I - Subchapter C

§ 1-28 Notice of Conference or Trial.

Service of Notice

MANNER OF SERVICE

Notice of trial may be served by mail pursuant to this section. Therefore, petitioner's motion for leave to serve notice of hearing by mail was dismissed as unnecessary. Bd. of Education v. Murphy, OATH Index No. 1432/97 (Oct. 7, 1997).

Service of notice of trial on the respondent must be made in a manner that is reasonably calculated to apprise the respondent of the trial date. Human Resources Admin. v. Aiken, OATH Index No. 855/93 (Sept. 16, 1993).

SERVICE ADEQUATE

Service of notice of trial by mail to the address given by an employee after commencement of employee disciplinary charges against him was reasonably calculated to achieve actual notice and was therefore sufficient service pursuant to this section. Dep't of Homeless Services v. Harrison, OATH Index No. 396/98 (Dec. 19, 1997).

SERVICE INADEQUATE

Proof of service of notice inadequate

Notation on file folder, in the absence of an affidavit from the administrative aide who mailed the notice, was found to be insufficient to prove the Police Department mailed respondent the notice within five business days after it seized the vehicle. Police Dep’t v. Martinez, OATH Index No. 2118/11, mem. dec. (May 3, 2011).

Upon respondent’s failure to appear for a hearing, petitioner established that respondent had been properly served with the notice of hearing on two sets of the charges, but not the third. Dep’t of Correction v. Floyd, OATH Index No. 1052/99 (Mar. 23, 1999).

Where an employee advised his employer of an address change after the commencement of an employee disciplinary case against him, the employer's service of notice of the hearing by mail to the employee's former address was inadequate pursuant to this section, because the notices were returned undelivered and the employee failed to appear for trial. Dep't of Homeless Services v. Harrison, OATH Index No. 396/98 (Dec. 19, 1997).

In an employee disciplinary case, notice of trial given to the law firm representing the employee's union was courteous but inadequate where the employee had not yet retained the law firm. Dep't of Correction v. Brown, OATH Index No. 1208/94 (Aug. 11, 1994).

Service of notice of trial by mail to the respondent's address of record was inadequate where the respondent had advised the petitioner at a pre-trial conference of her new address. Human Resources Admin. v. Aiken, OATH Index No. 855/93 (Sept. 16, 1993).

Service Not Required

Upon setting of hearing date at prior conference, attorney was obligated to inform client of the trial schedule. Admin. for Children’s Services v. Lopez, OATH Index No. 198/00 (Feb. 22, 2000).

Where the trial date was selected by the attorneys for both parties following a pre-trial conference, the respondent's counsel was obligated to inform his client of the trial schedule, and the petitioner bore no obligation pursuant to this rule to notify the respondent of the trial. Dep't of Correction v. Bazemore, OATH Index No. 475/97 (July 9, 1997).