August 8, 2011

Administrative hearings.

Practice point: The standard of judicial review is whether the determination was supported by substantial evidence.

Student note: Where the evidence is conflicting and there is room for choice, a reviewing court may not weigh the evidence or reject the agency's choice.

Case: Matter of Martin v. Board of Trustees of the Vil. of Pelham Manor, NY Slip OP 06106 (2d Dept. 2011).


Tomorrow's issue: Labor Law.