Legal Opinion

McQueeney v. Dutchess County Sheriff

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

Decided January 29, 1996PublishedCited by 12 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Dutchess County Sheriff, dated December 7, 1993, which, after a hearing, terminated the petitioner’s employment as a correction officer.

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

To annul an administrative determination made after a hearing, a court must conclude that the record lacks substantial evidence to support the determination (see, Matter of Decker v Scoralick, 209 AD2d 517). The petitioner’s contention that the Sheriff’s determination was not…

2Cases cited3 opinions

  1. Simpson v. WolanskyNew York Court of Appeals · 1975
  2. Gatto v.AdduciAppellate Division of the Supreme Court of the State of New York · 1992
  3. Decker v. ScoralickAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by12 opinions

  1. Maspeth Avenue Operating Corp. v. MartinezAppellate Division of the Supreme Court of the State of New York · 2003
  2. Anthony Grace & Sons, Inc. v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1999
  3. Schindlar v. Incorporated Village of Lloyd HarborAppellate Division of the Supreme Court of the State of New York · 1999
  4. Ferrara Equipment, Inc. v. MartinezAppellate Division of the Supreme Court of the State of New York · 2003
  5. LaCanfora v. LloydAppellate Division of the Supreme Court of the State of New York · 1996

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