16 Aralık 2012 Pazar

A court’s review of a quasi-judicial administrative hearing is limited

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A court’s review of a quasi-judicial administrativehearing is limited
Mannino v Department of Motor Vehicles.- Traffic Violations Division,2012 NY Slip Op 08529, Appellate Division, Second Department
In this CPLR Article 78 proceeding the Appellate Divisionreviewed a determination of the Administrative Appeals Board of the New YorkState Department of Motor Vehicles that confirmed a determination of anAdministrative Law Judge.
Sustaining the Board’s decision, and dismissing theproceeding on the merits, the Appellate Division set out the followingguidelines addressing the role of the courts in considering appeals from aquasi-judicial administrative decision.
The court said:
[1] To annul an administrative determination made after ahearing directed by law at which evidence is taken, a court must conclude thatthe record lacks substantial evidence to support the determination, explainingthat substantial evidence is "such relevant proof as a reasonable mind mayaccept as adequate to support a conclusion or ultimate fact;" and
[2] The courts may not weigh the evidence or reject thechoice made by an administrative agency or tribunal where the evidence isconflicting and room for choice exists.
Deciding, upon review of the record, the record demonstratesthat the findings of the Administrative Law Judge are supported by substantialevidence, the Appellate Division dismissed the appeal.
The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2012/2012_08529.htm

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