Legal Opinion

Peterson v. City of Poughkeepsie

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

Decided October 3, 2012Published

1Opinion of the Court

*715“The review of an administrative decision made after an employee disciplinary hearing is limited to a consideration of whether the determination was supported by substantial evidence” (Matter of Shade v Mahon, 37 AD3d 611, 612 [2007]; see 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]). “Since the petition raises the question of whether the challenged determination is supported by substantial evidence, the Supreme Court should have transferred the proceeding to this Court {see CPLR 7804 [g]).…

2Cases cited5 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 GOMEZ v. StoutNew York Court of Appeals · 2009
  4. Bond v. HousesAppellate Division of the Supreme Court of the State of New York · 2011
  5. Shade v. MahonAppellate Division of the Supreme Court of the State of New York · 2007

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