Hannon v. Cuomo

Doerr, J. (dissenting).

I do not believe that the evidence presented supports *915respondent’s determination that petitioner was guilty of untrustworthiness and therefore dissent. While cognizant of the limitations placed upon our court in article 78 proceedings, the determination by respondent must be supported by substantial evidence as required by CPLR 7803 (subd 4) and, as stated in Matter of Pell v Board of Educ. (34 NY2d 222, 231) "Rationality is what is reviewed under both the substantial evidence rule and the arbitrary and capricious standard. (Matter of 125 Bar Corp. v State Liq. Auth.,…