An administrative decision made in violation of lawful procedure, affected by an error of law, that is arbitrary and capricious or that is an abuse of discretion is fatally defective

To contact us Click HERE

An administrative decision made in violation of lawfulprocedure, affected by an error of law, that is arbitrary and capricious or thatis an abuse of discretion is fatally defective Malverne Volunteer Fire Dept. v New York State Off. of FirePrevention & Control, 2012 NY Slip Op 05174, Appellate Division,Second Department
The New York State Fallen Firefighters Memorial AppealsCommittee denied a request to include former Malverne Volunteer Fire Departmentfirefighter Paul Ryan Brady's name on the New York State Fallen Firefighters'Memorial Wall. Malverne appealed, contending that the Committee’s decision wasnot made after a quasi-judicial hearing it claimed was required by theCommittee’s procedures.
Although Supreme Court dismissed Malverne’s petition, theAppellate Division “reversed, on the law” and remanded the matter to SupremeCourt “to direct the New York State Fallen Firefighters Memorial AppealsCommittee to include Paul Ryan Brady's name on the New York State FallenFirefighters' Memorial Wall.”
The Appellate Division explained that in this instance itmust consider whether the Committee’s determination was made in violation oflawful procedure, was affected by an error of law or was arbitrary andcapricious or an abuse of discretion.
The test applied in such cases: “did the action taken by theagency have a rational basis." Citing Matter of Wooley v New York State Dept. of CorrectionalServs., 15 NY3d 275, the Appellate Division said that a court willoverturn such action only "where it is taken without sound basis inreason' or regard to the facts'" or where it is "arbitrary andcapricious."
In this instance, said the court, the determination of the Committee that the death of firefighter Brady was not a "line of duty death"within the selection criteria for inclusion on the New York State FallenFirefighters Memorial Wall was arbitrary and capricious and did not have arational basis in the record.
Indeed, said the court, “The record demonstrates that, underthe applicable selection criteria, Paul Ryan Brady died while engaged in anaction that was required, authorized or recognized by law, rule, regulation,[or] condition of employment.’"
Accordingly, the Appellate Division ruled that Supreme Courtshould have [1] granted Malverne’s petition, [2] annulled the Committee’s determinationand [3] directed the appeals committee to include Brady's name on the New YorkState Fallen Firefighters' Memorial Wall

The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_05174.htm