Practice point: Hearsay is admissible in an administrative hearing and, if sufficiently relevant and probative, hearsay alone may constitute the required substantial evidence.
Students should note that statements from witnesses absent from the hearing may form the sole basis for an agency's ultimate determination.
The case is Matter of Heisler v. Scappaticci, NY Slip Op 01472 (2d Dept. 2011 ).
Tomorrow’s issue is Employment Law.