Legal Opinion

Mannino v. Department of Motor Vehicles

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

Decided December 12, 2012Published

1Opinion of the Court

To annul an administrative determination made after a hearing directed by law at which evidence is taken, a court must conclude that the record lacks substantial evidence to support the determination (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 231 [1974]; Matter of Hildreth v New York State Dept. of Motor Vehs. Appeals Bd., 83 AD3d 838, 839 [2011]). Substantial evidence is “such relevant proof as a reasonable mind may accept as adequate to support a…

2Cases cited18 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Berenhaus v. WardNew York Court of Appeals · 1987
  3. Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
  4. Kelly v. SafirNew York Court of Appeals · 2001
  5. Gray v. AdduciNew York Court of Appeals · 1988

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