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July 24, 2014

A court’s review of an administrative decision supported by substantial evidence is limited to determining if it was arbitrary, capricious or affected by error of law

A court’s review of an administrative decision supported by substantial evidence is limited to determining if it was arbitrary, capricious or affected by error of law

2014 NY Slip Op 04637, Appellate Division, Fourth Department

Petitioner [Plaintiff] commenced this proceeding pursuant to CPLR Article 78 challenging an administrative determination terminating his General Municipal Law §207-c benefits on the ground that his current disability was not related to an injury suffered on-the-job.

Supreme Court refused to transfer the proceeding to the Appellate Division pursuant to CPLR §7804(g), holding that Plaintiff’s petition did not raise an issue involving whether the administrative decision was supported by substantial evidence.

The Appellate Division affirmed the Supreme Court’s decision explaining that "Where, as here, a petition does not raise a substantial evidence issue, a court's inquiry is limited to whether [the administrative determination] was arbitrary, capricious or affected by error of law."

In this instance, said the Appellate Division, the record supports the Supreme Court’s conclusion that the administrative decision terminating Plaintiff’s General Municipal Law §207-c benefits “was neither arbitrary and capricious, i.e., without sound basis in reason and . . . without regard to the facts … nor affected by an error of law.”

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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