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#16
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![]() Quote:
Dutrow will have the burden of demonstrating that the conflict violated his due process rights to a fair hearing (and frankly administrative hearings in New York are not fair to begin with, they tend to almost always be stacked against the respondent). Even if he can overcome that hurdle, he then has to overcome the substantial evidence of the rules he has broken. Dutrow's chances of overcoming both those hurdles are slim. As Chuck said, Dutrow has a better chance of convincing a court that the penalty is unduly harsh considering the level of evidence introduced against him. Even then, the Court is unlikely to act unless it finds the penalty shocks the Court's sense of fairness. Dutrow may get a stay of the revocation pending appeals since he will be given the benefit of the doubt, but considering the number of violations his chances on appeal are slim IMO. Though the penalty is a stringent one, considering Dutrow's history of violations in NY and elsewhere, he may even have a hard time getting a reduction from the Courts. |