Sica v. Walker

2 Citing cases

  1. Graham v. New Hampton Fire Dist.

    131 A.D.3d 1168 (N.Y. App. Div. 2015)   Cited 1 times

    Specification two of charge two alleged that the petitioner threatened to shoot another member of the District's fire department, and had brandished or displayed a firearm in front of another member, or threatened to do so. Pursuant to CPLR article 78, judicial review of an administrative determination made after a hearing at which evidence is taken is limited to consideration of whether that determination is supported by substantial evidence ( see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 179–180, 408 N.Y.S.2d 54, 379 N.E.2d 1183; Matter of Sica v. Walker, 115 A.D.3d 869, 869, 982 N.Y.S.2d 339; Matter of Parker v. Blauvelt Volunteer Fire Co., 222 A.D.2d 437, 437, 634 N.Y.S.2d 524). The Board's determination as to specification one of charge one is supported by substantial evidence in the record ( cf. Matter of Parker v. Blauvelt Volunteer Fire Co., 222 A.D.2d at 437, 634 N.Y.S.2d 524; Matter of Clarke v. Board of Educ. of Vestal Cent. School Dist., 105 A.D.2d 893, 895, 482 N.Y.S.2d 80).

  2. Poidomani v. Nassau Bd. of Coop. Educ. Servs.

    127 A.D.3d 978 (N.Y. App. Div. 2015)   Cited 2 times

    ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs. Pursuant to CPLR article 78, judicial review of an administrative determination made after a hearing required by law at which evidence is taken is limited to consideration of whether that determination is supported by substantial evidence (see CPLR 7803[4] ; 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183 ; Matter of Sica v. Walker, 115 A.D.3d 869, 982 N.Y.S.2d 339 ; Matter of Smith v. Carter, 61 A.D.3d 982, 876 N.Y.S.2d 903 ). Substantial evidence has been defined as “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 N.Y.2d at 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183 ).