McGarrell v. Carter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Hospitals of the County of Westchester, dated January 23, 1992, which, after a hearing, found the petitioner guilty of "misconduct and/or incompetence” and dismissed her from her position as a Senior Nursing Aide.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
In order to annul an administrative determination made after a hearing, a court must conclude that the record lacks substantial evidence to support that determination…
2Cases cited7 opinions
- Withrow v. LarkinSupreme Court of the United States · 1975
- Lahey v. KellyNew York Court of Appeals · 1987
- Warder v. Board of RegentsNew York Court of Appeals · 1981
- Matter of Rotwein (Goodman)New York Court of Appeals · 1943
- Jeremias v. SanderAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by6 opinions
- Chadha v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1998
- Rockville Centre Teachers Ass'n v. New York State Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 2001
- Henry v. CarterAppellate Division of the Supreme Court of the State of New York · 1995
- Rothenberg v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1997
- Barth v. County of DutchessAppellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.