Legal Opinion
Driscoll v. Hayes
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 2011Published
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the City of Yonkers Civil Service Commission dated September 1, 2009, which, after a hearing, disqualified the petitioner as an eligible candidate for placement on a certified list for firefighter in the City of Yonkers.
Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
Judicial review of an administrative determination made after a hearing is limited to whether the determination is supported by substantial evidence (see CPLR 7803 [4]; 300 Gramatan…
2Cases cited5 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Butler v. Nassau County Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 1991
- Schindlar v. Incorporated Village of Lloyd HarborAppellate Division of the Supreme Court of the State of New York · 1999
- Magrella v. Nassau County Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 1986
- Quinn v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1989