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49. Translator

2 DOS APP 97 (207 DOS 96) DOS v. ERA Marland Real Estate - appeal to Secretary of State; amendment of complaint; services of translator; in absence of specific procedures in SAPA or DOS regulation, proceedings are to be conducted pursuant to the CPLR; denial of motion to amend complaint reversed where no allegation or determination that respondent’s rights will be substantially prejudiced or the proceeding will be inordinately delayed, or that the proposed pleading is insufficient or lacks merit; in absence of specific criteria in statute or regulation, interpreter offered by a party for its own witness should be accepted by ALJ after ascertaining that the witness and interpreter are able to understand each other, and swearing the interpreter to translate accurately 
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