Legal Opinion

Rooney v. Deer Park Fire Department

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

Decided January 23, 2007PublishedCited by 6 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Fire Commissioners of the Deer Park Fire District No. 14, dated March 11, 2005, which, after a hearing, suspended the petitioner from the Deer Park Fire Department for a period of one year.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

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 300 Gramatan Ave.…

2Cases cited2 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. In re Disciplinary Proceedings against SzymborskiAppellate Division of the Supreme Court of the State of New York · 1969

3Cited by6 opinions

  1. Nabors v. Town of SomersAppellate Division of the Supreme Court of the State of New York · 2010
  2. D'Alessandro v. West Hempstead Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  3. Berger v. Board of Fire Commissioners of the Jericho Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2010
  4. Mason v. Board of Fire Commissioners of Jericho Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2010
  5. Guerrero v. ScoppettaAppellate Division of the Supreme Court of the State of New York · 2008

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