Hodgson Russ Attorney Successfully Challenged Decision by the Office of Administrative Trials and Hearings

In a recent Article 78 proceeding against the New York City Sheriff’s Office, New York City Department of Finance, and the New York City Office of Administrative Trials and Hearings (OATH), Danielle Holmes successfully challenged a decision by OATH,  which found that her client, a hemp retailer, was illicitly selling cannabis.

The Court overturned the decision of the OATH hearing officer, finding that the New York City Sheriff’s office exceeded its jurisdiction in searching the licensed hemp retail establishment, that the hearing violated the client’s due process rights in not presenting any witnesses and preventing the client from challenging the underlying evidence, and that the decision fell short of the substantial evidence standard when the hearing officer relied solely upon photographs and the "training" of inspectors, without sworn testimony or forensic testing.