Administrative adjudications
Brzostek v Syracuse Fire Dept., 238 AD2d 947; Leave to appeal denied, 92 NY2d 102
In the Brzostek case, the Appellate Division, Fourth Department, was asked to review an administrative adjudication. In an earlier appeal concerning the parties, the court ruled that Brzostek was entitled to a determination on the merits of his request for General Municipal Law Section 207-a (2) benefits [Brzostek v City of Syracuse, 238 AD2d 947; Leave to appeal denied, 92 NY2d 1026].*
Instead of holding a hearing, thereby creating “an administrative record for judicial review,” the City and Brzostek agreed upon a “set of stipulated facts” which were submitted to Supreme Court. Supreme Court then reviewed the matter “de novo.”
The Appellate Division ruled that such a procedure was incorrect. It said that an administrative determination must be made by the appropriate agency in the first instance, and Brzostek had the burden of proving that he was eligible for Section 207-a benefits.
The court said that the department had to determine the merits of Brzostek's application and remanded the matter to it for this purpose. Once the administrative agency makes its determination, if the individual objects, he or she may appeal the decision.
An administrative agency's administrative determination is subject to judicial review in a CPLR article 78 proceeding. The traditional test applied by the courts is such instances: is the administrative determination supported by substantial evidence in the record.
* General Municipal Law Section 207-a provides significant benefits to firefighters who are disabled as the result on an injury sustained in the line of duty.