Wednesday, June 22, 2011

Administrative adjudications


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.

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.