Rauschmeier v. Village of Johnson City
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKavanagh, J.
Petitioner commenced this CPLR article 78 proceeding seeking, among other things, an annulment of the penalty imposed by Hannon and the Board. Hannon moved to dismiss the petition and Supreme Court granted that part of the motion that sought dismissal of petitioner’s claim that Hannon lacked the legal authority to review and reject the Hearing Officer’s recommendation. The court transferred to this Court the issue as to whether Hannon’s decision rejecting the Hearing Officer’s recommendation was supported by substantial evidence (see CPLR 7804 [g]).
*1081Initially, petitioner claims that Hannon was…
2Cases cited10 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Simpson v. WolanskyNew York Court of Appeals · 1975
- Ridge Road Fire District v. SchianoNew York Court of Appeals · 2011
- MATTER OF MILLER v. DeBuonoNew York Court of Appeals · 1997
- Longton v. Village of CorinthAppellate Division of the Supreme Court of the State of New York · 2008
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