Opinion
April 8, 1985
Appeal from the Supreme Court, Queens County (Buschmann, J.).
Judgment affirmed, with costs.
The determination of the New York City Conciliation and Appeals Board (CAB) has a rational basis in the record and, therefore, was properly confirmed ( Matter of Korein v. Conciliation Appeals Bd., 57 N.Y.2d 938; Fresh Meadows Assoc. v. Conciliation Appeals Bd., 88 Misc.2d 1003, affd 55 A.D.2d 559, affd 42 N.Y.2d 925). Moreover, as Special Term correctly noted, judicial review of an administrative determination is limited to the record adduced before the agency ( Matter of Fanelli v. New York City Conciliation Appeals Bd., 58 N.Y.2d 952, affg 90 A.D.2d 756 on mem at App. Div.; People ex rel. Martinez v. Walters, 99 A.D.2d 476, appeal dismissed 63 N.Y.2d 727; Matter of Celestial Food Corp. v New York State Liq. Auth., 99 A.D.2d 25, 27). Nor was there any due process violation in the CAB's failure to conduct an evidentiary hearing ( see, Matter of RHS Realty Co. v Conciliation Appeals Bd., 101 A.D.2d 756). Titone, J.P., Bracken, Rubin and Lawrence, JJ., concur.