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In the Matter of Karri Beck-Nichols, Respondent,v.Cynthia A. Bianco,, et al., Appellants.

Brief

24 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,554 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal

  2. 300 Gramatan v. Human Rights

    45 N.Y.2d 176 (N.Y. 1978)   Cited 2,303 times
    In 300 Gramatan Ave. Assoc. v State Div. of Human Rights (45 NY2d 176), we stated that "substantial evidence consists of proof within the whole record of such quality and quantity as to generate conviction in and persuade a fair and detached fact finder that, from that proof as a premise, a conclusion or ultimate fact may be extracted reasonably — probatively and logically" (id. at 181).

  3. Jennings v. Mental Health off

    90 N.Y.2d 227 (N.Y. 1997)   Cited 114 times

    Argued April 30, 1997; Decided June 12, 1997 Appeal from Appellate Division of the Supreme Court, Third Judicial Department, Albany County Dennis C. Vacco, Attorney-General, Albany ( Patrick Barnett-Mulligan, Barbara G. Billet and Peter H. Schiff of counsel), for New York State Office of Mental Health and another, appellants. Stein Schonfeld, Garden City ( Robert L. Schonfeld, Seth P. Stein and Beth Pepper of counsel), for Rehabilitation Support Services, Inc., appellant. Vincent J. McArdle, Jr.

  4. In Matter of Ridge Road Fire Dist. v. Schiano

    2011 N.Y. Slip Op. 2720 (N.Y. 2011)   Cited 69 times

    No. 55. Argued February 16, 2011. Decided April 5, 2011 APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered November 13, 2009. The Appellate Division (1) reversed, on the law, a judgment (denominated order) of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered in a proceeding pursuant to CPLR article 78, which had (a) granted the petition seeking to annul the determination of respondent Michael

  5. Matter of Stork Restaurant, Inc., v. Boland

    282 N.Y. 256 (N.Y. 1940)   Cited 457 times
    In Matter of Stork Rest. v. Boland (282 N.Y. 256, 267), the court said: "Where there is conflict in the testimony produced before the Board, where reasonable men might differ as to whether the testimony of one witness should be accepted or the testimony of another witness be rejected, where from the evidence either of two conflicting inferences may be drawn, the duty of weighing the evidence and making the choice rests solely upon the Board.

  6. Matter of Miller v. DeBuono

    90 N.Y.2d 783 (N.Y. 1997)   Cited 78 times
    Finding the preponderance standard constitutionally mandated because the sanction at issue "publicly brand[ed] petitioner a patient abuser," banning her from employment in the residential health care industry and potentially preventing "future employment opportunities in any arena"

  7. Consolidated Edison Co. v. New York State Division of Human Rights

    77 N.Y.2d 411 (N.Y. 1991)   Cited 83 times
    In Consolidated Edison, we affirmed the Commissioner's award of $10,000 for the complainant's hurt, humiliation and mental anguish caused by discriminatory hiring and promotion practices, concluding that it was "supported by the evidence and * * * within the range of awards previously approved by this and other courts (see, e.g., Matter of Lutheran Social Servs. v State Div. of Human Rights, 142 A.D.2d 950, affd 74 N.Y.2d 824 [$25,000]; Matter of New York State Dept. of Correctional Servs. v McCall, 109 A.D.2d 953 [$10,000])."

  8. Matter of Hecht v. Monaghan

    307 N.Y. 461 (N.Y. 1954)   Cited 219 times
    In Matter of Hecht v. Monaghan (307 N.Y. 461, 470) we stated: "The hearing held by an administrative tribunal acting in judicial or quasi-judicial capacity may be more or less informal.

  9. Felix v. Citywide Admin. Servs

    3 N.Y.3d 498 (N.Y. 2004)   Cited 42 times
    Finding that petitioner's termination based upon his failure to maintain residency within the City of New York as required was "separate and distinct" from allegations of misconduct which trigger the procedural protections of Civil Service Law § 75

  10. Matter of Silberfarb v. Bd. of Coop. Educational Serv

    459 N.E.2d 482 (N.Y. 1983)   Cited 83 times

    Decided December 1, 1983 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department. Warren H. Richmond, III, for appellant. Lester B. Lipkind for respondent. MEMORANDUM. The judgment of the Appellate Division should be reversed, with costs, and the matter remitted to that court for consideration of the appropriate penalty. Judicial review of administrative determinations made as the result of a hearing required by law is limited to a consideration of whether that resolution