Destruction or loss of evidence

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Destruction or loss of evidenceDep't of Correction v. Archibald, OATH Index Nos.2214/08, 2215/08 & 2216/08
OATH Administrative Law Judge John Spooner rejected acorrection officer's motion to dismiss disciplinary charges filed againsthim based upon the spoliation of certain logbooks sought as evidence.Explaining that under New York law, sanctions for spoliation of evidence areappropriate where a litigant intentionally or negligently disposes of crucialevidence before the adversary has an opportunity to inspect them, the ALJconcluded that the officer failed to establish how the logbooks disappeared orhow their disappearance would prejudice his defense.