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February 04, 2012

Substantial evidence test used to resolve challenges to an administrative decision

Substantial evidence test used to resolve challenges to an administrative decision
Matter of Incorporated Vil. of Lake Success v New York State Pub. Empl. Relations Bd., 41 AD3d 599

The Appellate Division held that the determination of the New York State Public Employment Relations Board, confirming the determination of an administrative law judge, made after a hearing, granting the petition of the Civil Service Employees Association to place certain positions into an already existing negotiating unit was supported by substantial evidence. 

Such evidence, said the court, consisted of PERB’s finding that the incumbents of those positions and the CSEA unit employees share a community of interest, that there is no conflict of interest that would affect the conduct of meaningful and effective negotiations, and that the placement would not cause administrative inconvenience. 

Accordingly, PERB's determination had to be sustained.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2007/2007_05275.htm

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