Epstein Secrets

ATED. 45 CONCLUSION 49 ii EFTA00792345 TABLE OF AUTHORITIES Cases Doe u. Pataki, 3 F. Supp. 2d 456 (S.D.N.Y. 1998) 32, 33, 35, 36 E.B. v. Verniero, 119 F.3d 1077 (3d Cir. 1997), cert. denied, 522 U.S. 1109 (1998) 34, 35 Fresh Del Monte Produce N.V. v. Eastbrook Caribe, 40 A.D.3d 415 (1st De

rd's Recommendation Could Not Be Proven By Clear and Convincing Evidence. 20 B. The Court Improperly Relied on the Board's Recommendation Where the Facts Cited Therein Were Disputed and No Further Evidence Was Presented. 25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven

CLUSION 49 EFTA00181027 , EFTA00181028 TABLE OF AUTHORITIES Cases Doe v. Pataki, 3 F. Supp. 2d 456 (S.D.N.Y. 1998) 32, 33, 35, 36 E.B. v. Verniero, 119 F.3d 1077 (3d Cir. 1997), cert. denied, 522 U.S. 1109 (1998) 34, 35 Fresh Del Monte Produce N.V. v. Eastbrook Caribe, 40 A.D.3d 415 (1st De

rd's Recommendation Could Not Be Proven By Clear and Convincing Evidence. 20 B. The Court Improperly Relied on the Board's Recommendation Where the Facts Cited Therein Were Disputed and No Further Evidence Was Presented. 25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven

VACATED. 45 CONCLUSION 49 EFTA00231543 TABLE OF AUTHORITIES Cases Doe v. Pataki, 3 F. Supp. 2d 456 (S.D.N.Y. 1998) 32, 33, 35, 36 E.B. v. Verniero, 119 F.3d 1077 (3d Cir. 1997), cert. denied, 522 U.S. 1109 (1998) 34, 35 Fresh Del Monte Produce N.V. v. Eastbrook Caribe, 40 A.D.3d 415 (1st De

rd's Recommendation Could Not Be Proven By Clear and Convincing Evidence. 20 B. The Court Improperly Relied on the Board's Recommendation Where the Facts Cited Therein Were Disputed and No Further Evidence Was Presented. 25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven

CATED. 45 CONCLUSION 49 ll EFTA00232663 TABLE OF AUTHORITIES Cases Doe v. Pataki, 3 F. Supp. 2d 456 (S.D.N.Y. 1998) 32, 33, 35, 36 E.B. v. Verniero, 119 F.3d 1077 (3d Cir. 1997), cert. denied, 522 U.S. 1109 (1998) 34, 35 Fresh Del Monte Produce N.V. v. Eastbrook Caribe, 40 A.D.3d 415 (1st De

rd's Recommendation Could Not Be Proven By Clear and Convincing Evidence. 20 B. The Court Improperly Relied on the Board's Recommendation Where the Facts Cited Therein Were Disputed and No Further Evidence Was Presented. 25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven