ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

February 14, 2014

A court’s review of an administrative hearing conducted pursuant to law is limited


A court’s review of an administrative hearing conducted pursuant to law is limited
2014 NY Slip Op 00663, Appellate Division, Second Department

The Civil Service Law §75 disciplinary hearing officer found the employee against whom disciplinary charges and specifications had been filed [Petitioner] guilty of certain disciplinary charges and recommended that the employee be terminated from the position. The Board of the Public Library adopted the hearing officer’s findings and recommendation as to the penalty to be imposed and dismissed Petitioner.

The Appellate Division confirmed the Board’s action on the merits and dismissed Petitioner’s Article 78 compliant seeking to overturn the Board’s decision, with costs. 

The court said “Judicial review of an administrative determination made after a hearing at which evidence is taken pursuant to direction of law is limited to a consideration of whether that determination was supported by substantial evidence upon the whole record,” citing 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 and other decisions.

Quoting from Matter of Berenhaus v Ward, 70 NY2d 436, the Appellate Division explained that in the event there is conflicting evidence or different inferences may be drawn from the evidence, "the duty of weighing the evidence and making the choice rests solely upon the [administrative agency]. The courts may not weigh the evidence or reject the choice made by [such agency] where the evidence is conflicting and room for choice exists."

In this instance any credibility issue was resolved by the hearing officer and the Appellate Division found no basis upon which to disturb the hearing officer's determination as it was supported by substantial evidence.

Rejecting Petitioner's argument to the contrary, the court ruled that under the circumstances presented, the penalty of termination of Petitioner's employment was not so disproportionate to the offense committed as to be shocking to one's sense of fairness, citing the Pell Doctrine [Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222].

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.
NYPPL Blogger 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.
New York Public Personnel Law. Email: publications@nycap.rr.com