ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

January 14, 2013

In order to be considered by an administrative tribunal, the evidence must be made available to the tribunal prior to its making a final determination


In order to be considered by an administrative tribunal, the evidence must be made available to the tribunal prior to its making a final determination
Cabonargi v City Univ. of N.Y., 2013 NY Slip Op 00129, Appellate Division, First Department

A doctoral program student dismissed from the City University of New York challenged the University’s decision. After considering “an email from student's academic advisor," Supreme Court granted the student’s petition and directed the University “to reconsider” its decision.

The Appellate Division unanimously reversed, on the law, explaining that Supreme Court improperly considered an email from the student's academic advisor as it was never presented at the administrative level.

Indeed, said the court, the e-mail considered by Supreme Court was issued after the University's “final determination.”

The Appellate Division noted that with respect to the evidence considered at the administrative level, the University's determination concerning the graduate student’s academic qualifications was rational, and was made in good faith and in accordance with its own rules.

The decision is posted on the Internet at:



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. AGAIN, 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, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: n467fl@gmail.com