Legal Opinion

DeMartini v. Eimicke

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

Decided February 13, 1990PublishedCited by 2 opinions

1Opinion of the Court

In reviewing a determination of an administrative agency, it is not the role of the courts to disturb the fact-finding function of the agency. The scope of judicial review is limited to questions of law and to a determination as to whether there was a rational basis in the record upon which the agency based its action (see, Matter of Pell v Board of Educ., 34 NY2d 222). In the case at bar the agency’s determination was not rationally based on the record because the agency failed to consider all of the facts before it in coming to the conclusion that a reduction of rent was warranted. The…

2Cases cited2 opinions

  1. Albert v. EimickeAppellate Division of the Supreme Court of the State of New York · 1989
  2. Mott v. Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by2 opinions

  1. DiPalma v. SuardyAppellate Division of the Supreme Court of the State of New York · 1994
  2. Matter of Surat Realty v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2024

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