Legal Opinion
Genovese Drug Stores, Inc. v. Harper
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 2008PublishedCited by 9 opinions
1Opinion of the Court
Judicial review of an administrative determination made after a hearing required by law is limited to whether that determination is supported by substantial evidence (see Matter of Jennings v New York State Off. of Mental Health, 90 NY2d 227, 239 [1997]). Substantial evidence has been defined as “such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact” (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978]). Moreover, “ ‘[t]he courts may not weigh the evidence or reject the choice made by [an administrative agency]…
2Cases cited5 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Berenhaus v. WardNew York Court of Appeals · 1987
- Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
- Jennings v. New York State Office of Mental HealthNew York Court of Appeals · 1997
- Hoch v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by9 opinions
- Hughes v. New York State Unified Court SystemAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Harrison v. PalumboAppellate Division of the Supreme Court of the State of New York · 2014
- Kennedy Street Quad, Ltd. v. NathansonAppellate Division of the Supreme Court of the State of New York · 2009
- Matter of CVS Albany, LLC v. FacelleAppellate Division of the Supreme Court of the State of New York · 2014
- Mill River Club, Inc. v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 2009
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