Kelly v. County of Nassau

—Proceeding pursuant to CPLR article 78 to review a determination of Joseph P. Jablonsky, the Nassau County Sheriff, dated June 8, 1995, which confirmed the findings of a Hearing Officer, dated May 22, 1995, which, after a hearing, concluded that the petitioner, a Correction Sergeant, is capable of performing light duty.

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 the determination (see,…