Legal Opinion
Pesantes v. Freund
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 1998Published
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the Herricks Union Free School District dated October 31, 1995, which, after a hearing, found the petitioner guilty of theft, and terminated his employment as a maintainer.
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; Matter of…
2Cases cited5 opinions
- Lahey v. KellyNew York Court of Appeals · 1987
- Silberfarb v. Board of Cooperative Educational ServicesNew York Court of Appeals · 1983
- McQueeney v. Dutchess County SheriffAppellate Division of the Supreme Court of the State of New York · 1996
- LaCanfora v. LloydAppellate Division of the Supreme Court of the State of New York · 1996
- Roach v. Plainedge Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1996