11. Continuance/Adjournment

123 DOS 92 Matter of DOS v. Lopez - belated retention of attorney with whom licensee had pre-existing relationship; failure to request adjournment three days prior to hearing (19 NYCRR §400.11); DOS had subpoenaed non-party witnesses; adjournment denied

291 DOS 05 DOS v. James - DOS fails its burden of proof; hearsay; interim order suspending license pending completion of hearing; rejection of entire testimony; continuance; request of respondent/salesperson for continuance to obtain legal counsel after testimony of her representative broker granted; entire testimony of representative broker rejected where both counsel for respondent/salesperson and counsel for DOS subpoenaed broker to appear for cross examination and broker failed to appear; representative broker, as complaining consumer, charges salesperson with receiving and retaining a brokerage fee from a person other than the representative broker; hearsay testimony of DOS investigator is considered unreliable where it is based upon stricken testimony of broker and statements made to the investigator by the buyer who did not testify; DOS fails to prove by substantial evidence the allegations of the complaint; complaint dismissed and prior order suspending salesperson’s license pending a determination of the State’s complaint is

Featured Content

Fourth quarter Legal Lines now available

The fourth quarter 2017 Legal Lines is now available. This edition covers the misclassification of employees, escrow deposits, agricultural district disclosures and more. Learn more