Opinion
May 7, 1998
The combination of investigatory, prosecutory and quasi-judicial functions in a single administrative agency is not in itself violative of due process (Matter of Beres Sons Dairy v. Barber, 75 A.D.2d 930, 931, affd 52 N.Y.2d 1026; Friedman v. State of New York, 24 N.Y.2d 528, 541-544). Nor does the record otherwise provide support for petitioners' allegations of bias on the part of the Administrative Law Judge and the DHCR enforcement attorney, much less proof that the outcome of the administrative proceeding was affected by such bias (see, Matter of Warder v. Board of Regents of Univ. of State of N.Y., 53 N.Y.2d 186, 197, cert denied 454 U.S. 1125; Matter of Jeremias v. Sander, 177 A.D.2d 488).
We also reject petitioners' additional due process claim that they were denied an independent review of the record by the DHCR Commissioner because the verbatim transcript of the hearing was not yet available at the time of the Commissioner's consideration of the matter. There is no specific requirement that the Commissioner review the verbatim transcripts of an administrative hearing and due process requirements were satisfied in the present case by the availability of the entire record, which included tape recordings of the hearing, for review by the Commissioner (see, Matter of Di Marsico v. Ambach, 48 N.Y.2d 576, 582; People ex rel. Ragsdale v. Mantello, 168 A.D.2d 925; cf., Cruz v. Lavine, 45 A.D.2d 720).
Respondent's determination was supported by substantial evidence (Matter of Berenhaus v. Ward, 70 N.Y.2d 436; Matter of Jeremias v. Sander, supra), and the multiple penalties imposed based upon numerous individual acts of harassment within a larger course of conduct were neither illegal nor inappropriate (Matter of Hartman v. New York State Div. of Hous. Community Renewal, 158 A.D.2d 330, lv denied 76 N.Y.2d 705).
Concur — Sullivan, J.P., Ellerin, Nardelli, Rubin and Mazzarelli, JJ.