ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.

Jan 23, 2026

Judicial review of a determination made by an administrative agency without the agency holding a quasi-judicial hearing is limited

In reviewing a determination of an administrative agency not made after a quasi-judicial hearing, the Appellate Division noted that the reviewing court's inquiry is limited to determining whether the administrative decision:

1. Is arbitrary and capricious; 

2. Without a rational basis in the record; and 

3. Has a reasonable basis in law.

The Appellate Division observed that "An agency's interpretation of the statutes and regulations that it administers is entitled to deference, and must be upheld if reasonable".

Further, the court opined that "The agency's determination need only be supported by a rational basis", noting that "An administrative determination is arbitrary and capricious when it exceeds the agency's statutory authority or is made in violation of the Constitution or laws of this State".

In the words of the Appellate Division: "If the agency's determination is rationally based, a reviewing court may not substitute its judgment for that of the agency even if the court might have decided the matter differently" as it is not "for a reviewing court to weigh the evidence or reject the choice made by the agency where the evidence conflicts and room for choice exists ."

Click HERE access the Appellate Division's decision posted on the Internet.



Editor in Chief Harvey Randall served as Director of Personnel, SUNY Central Administration, Director of Research , Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service, and Colonel, 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.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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