People ex rel. Fryer v. Beaver

I agree with the conclusion of the majority that Supreme Court erred in granting the petition *877seeking a writ of habeas corpus. However, I disagree with the analysis of the majority in reaching that conclusion. I note at the outset that the majority does not address the court’s determination that the finding of the Administrative Law Judge (ALJ) is not supported by the requisite “residuum of legal evidence” (Matter of Hilbourne v Rodriguez, 155 AD2d 917, 917). Although I disagree with Supreme Court that the determination of the ALJ is not supported by a residuum of legal evidence, in my view…