Legal Opinion
Alexander v. Rhea
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2011PublishedCited by 3 opinions
1Opinion of the Court
Judicial review of the determination of an administrative agency pursuant to CPLR article 78 is limited to questions expressly identified by statute and includes the question of whether the determination was “arbitrary and capricious or an abuse of discretion, including abuse of discretion as to the measure or mode of penalty or discipline imposed” (CPLR 7803 [3]). Insofar as applicable here, the statute authorizes the court to “set aside a determination by an administrative agency, only if the measure of punishment or discipline imposed is so disproportionate to the offense, in light of all…
2Cases cited6 opinions
- Featherstone v. FrancoNew York Court of Appeals · 2000
- Kreisler v. New York City Transit AuthorityNew York Court of Appeals · 2004
- Davis v. New York City Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2009
- Sicardo v. SmithAppellate Division of the Supreme Court of the State of New York · 2008
- Gist v. MulliganAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by3 opinions
- Matter of Jacobs v. Tuckahoe Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2020
- Matter of Washington v. ShuldinerAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Shortt v. PritchettAppellate Division of the Supreme Court of the State of New York · 2017