Legal Opinion
Decker v. Scoralick
Appellate Division of the Supreme Court of the State of New York
Decided November 14, 1994PublishedCited by 8 opinions
1Opinion of the Court
—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Sheriff of the County of Dutchess, dated July 2, 1992, which, after a hearing, found the petitioner guilty of misconduct and/or incompetence and terminated him from his position as a police officer.
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, Matter of Lahey v Kelly, 71 NY2d 135, 140;…
2Cases cited5 opinions
- Lahey v. KellyNew York Court of Appeals · 1987
- Simpson v. WolanskyNew York Court of Appeals · 1975
- Jeremias v. SanderAppellate Division of the Supreme Court of the State of New York · 1991
- Lawrence v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1992
- County of Suffolk v. NewmanAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by8 opinions
- McQueeney v. Dutchess County SheriffAppellate Division of the Supreme Court of the State of New York · 1996
- Chadha v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1998
- LaCanfora v. LloydAppellate Division of the Supreme Court of the State of New York · 1996
- Scharf v. Levittown Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
- Walls v. WingAppellate Division of the Supreme Court of the State of New York · 2002
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