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Matter of Dicairano v. Gandolfo

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 1994
201 A.D.2d 728 (N.Y. App. Div. 1994)

Opinion

February 28, 1994

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


It is well settled that in a proceeding pursuant to CPLR article 78 to review a determination of an administrative board, the board's determination must be upheld if it is based on substantial evidence (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436). "Substantial evidence is such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact" (Matter of Hal v. Del Castillo, 174 A.D.2d 743; see, Matter of Berenhaus v. Ward, supra). Here, we find that the board's determination was based upon substantial evidence. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

Matter of Dicairano v. Gandolfo

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 1994
201 A.D.2d 728 (N.Y. App. Div. 1994)
Case details for

Matter of Dicairano v. Gandolfo

Case Details

Full title:In the Matter of JOHN DICAIRANO, Petitioner, v. JANET GANDOLFO et al.…

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

Date published: Feb 28, 1994

Citations

201 A.D.2d 728 (N.Y. App. Div. 1994)
609 N.Y.S.2d 839

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Matter of Dicairano v. Gandolfo

Here, we find that the board's determination was based upon substantial evidence. We further find that under…