Assemblyman Micah Kellner’s appeal of a decision by Assembly Speaker Sheldon Silver to strip him of his committee chairmanship and office allocations was denied by a former state judge, according to a report released Monday by the Assembly Ethics panel.

In the ruling from Judge Howard Levine, who was appointed a hearing officer in Kellner’s appeal, both the Ethics Committee’s ruling that the Manhattan Democrat engaged in inappropriate behavior that created a hostile working environment as well as Silver’s decision to impose penalties were upheld.

Levine said it was a “rational conclusion” of the Assembly Ethics Committee that Kellner created a hostile working environment through flirtatious comments directed at his office staff.

Kellner had argued in his appeal through an attorney that he did not receive his constitutional right to due process, nor did he have sufficient time to respond to the charges of sexual harassment.

But Levine wrote in the report that Kellner had “sufficient opportunity to refute and clear his name with respect to allegations of misconduct.”

Transcripts reviewed by Levine — including interviews with the Assembly Ethics Committee — showed Kellner apologizing for his comments and acknowledging they were immature.

At the same time, Levine found that a full hearing with evidence and witness testimony given is not a guarantee under the Assembly’s sexual harassment policy.

“Rather, the Assembly process at issue here (including the appeal) is governed by the Assembly Sexual Harassment Policy, which contains no provision for — or even any suggestion of — a full evidentiary hearing with open discovery and full cross-examination rights, either at the Ethics Committee level or in the context of an appeal,” Levine wrote.

Levine pointed the rejection of a legal fight brought by former Sen. Hiram Monserrate, a Democratic former lawmaker from Queens who sought to overturn his explusion from the state Senate following domestic abuse charges.

Kellner lost his Democratic primary for city council last year and did not run for re-election to the state Assembly this year.

Decision of HAL 09 05 14.pdf by Nick Reisman