Introducing ATLASLearn more
Legal Opinion

Barth v. County of Dutchess

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

Decided August 21, 1995Published

1Opinion of the Court

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent County of Dutchess, dated December 12, 1993, which, after a hearing, found the petitioner guilty of misconduct and/or incompetency, and terminated her employment as a nursing assistant with the Dutchess County Health Care Facility.

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 *736substantial evidence to support the determination (see, Matter of…

2Cases cited6 opinions

  1. Lahey v. KellyNew York Court of Appeals · 1987
  2. Jeremias v. SanderAppellate Division of the Supreme Court of the State of New York · 1991
  3. Lawrence v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1992
  4. MATTER OF HOLMES v. SimpsonNew York Court of Appeals · 1984
  5. McGarrell v. CarterAppellate Division of the Supreme Court of the State of New York · 1994

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API