The following excerpt is from People v. Forman, 145 Misc.2d 115, 546 N.Y.S.2d 755 (N.Y. City Ct. 1989):
Certain factors have consistently been considered in evaluating the adequacy of procedures both under Due Process Clause of the Fourteenth Amendment and under the Fourth Amendment. Even where not formally designated as such, the factors outlined in Mathews v. Eldridge are those most consistently relied upon:
First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements would entail. Mathews v. Eldridge, supra, 424 U.S. at 335, 96 S.Ct. at 903.
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