Legal Opinion

McGarrell v. Carter

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 1994PublishedCited by 6 opinions

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

  1. Withrow v. LarkinSupreme Court of the United States · 1975
  2. Lahey v. KellyNew York Court of Appeals · 1987
  3. Warder v. Board of RegentsNew York Court of Appeals · 1981
  4. Matter of Rotwein (Goodman)New York Court of Appeals · 1943
  5. Jeremias v. SanderAppellate Division of the Supreme Court of the State of New York · 1991

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3Cited by6 opinions

  1. Chadha v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1998
  2. 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
  3. Henry v. CarterAppellate Division of the Supreme Court of the State of New York · 1995
  4. Rothenberg v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1997
  5. 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.

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