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sb2 successfully challenges a NY county’s failure to provide a facility with a hearing

sb2 filed an appeal  with the circuit court after an administrative law judge dismissed an appeal as untimely without a hearing. sb2 argued that the Constitution entitles the facility to a hearing. The circuit court reversed the administrative law judge’s ruling, and found that the facility has a constitutional right to a hearing. The case was remanded back to the administrative law judge to hold a hearing on the merits.

 

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