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In re Bartolini Landscaping Inc. v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 2010
74 A.D.3d 1060 (N.Y. App. Div. 2010)

Opinion

No. 2010-02828.

June 15, 2010.

Proceeding pursuant to CPLR article 78 to review a determination of the Westchester County Department of Consumer Affairs, dated March 27, 2009, which, after a hearing, found that the petitioner violated Administrative Code of the County of Westchester § 863.319 (1) (f), (c), § 863.111 (1) (a) and § 863.61, and imposed a civil penalty in the sum of $4,000.

Lovett Bellantoni, LLP, Hawthorne, N.Y., for petitioner.

Robert F. Meehan, County Attorney, White Plains, N.Y. (Stacy Dolgin-Kmetz and Thomas S. Gardiner of counsel), for respondents.

Before: Mastro, J.P., Covello, Belen and Hall, JJ.


Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Judicial review of a determination rendered by an administrative body after a quasi-judicial hearing required by law is limited to whether the determination is supported by substantial evidence ( see Matter of Halperin v City of New Rochelle, 24 AD3d 768, 769-770; CPLR 7803). Here, the challenged determination was supported by substantial evidence in the record, that is, "such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact" ( 300 Gramatan Ave. Assoc., v State Div. of Human Rights, 45 NY2d 176, 180).

The petitioner's remaining contentions are without merit.


Summaries of

In re Bartolini Landscaping Inc. v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 2010
74 A.D.3d 1060 (N.Y. App. Div. 2010)
Case details for

In re Bartolini Landscaping Inc. v. Brown

Case Details

Full title:In the Matter of BARTOLINI LANDSCAPING INC., Petitioner, v. GARY S. BROWN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 15, 2010

Citations

74 A.D.3d 1060 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5389
902 N.Y.S.2d 400