Sam v. Annucci

1 Citing case

  1. Taj Decime v. Annucci

    2024 N.Y. Slip Op. 4854 (N.Y. App. Div. 2024)

    , the time to do so has long since passed (see CPLR 217 [1]). The sole issue before us, as a result, is whether respondent's denial of petitioner's request for reconsideration/reinstatement of her visitation privileges "was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion" (Matter of Sam v Annucci, 192 A.D.3d 1485, 1486 [4th Dept 2021] [internal quotation marks and citation omitted]). Should we conclude that respondent's determination is supported by a rational basis, we must sustain it, even if we would have reached a different result (see Matter of Peckham v Calogero, 12 N.Y.3d 424, 431 [2009]; Matter of CDE Elec., Inc. v Rivera, 124 A.D.3d 1178, 1180 [3d Dept 2015])