Practice point: Judicial review of an administrative determination made after a
hearing required by law at which evidence is taken is limited to whether
the determination is supported by substantial evidence. Substantial evidence means more than a mere scintilla of evidence, and the test of whether substantial evidence exists in a record is one of rationality, taking into account all the evidence on both sides.
Student note: When there is conflicting evidence or different inferences may be
drawn, the duty of weighing the evidence and making the choice rests
solely upon the administrative agency. The courts may not weigh the
evidence or reject the choice made by the agency where the evidence
is conflicting and there is room for choice.
Case: Matter of Solano v. City of Mount Vernon, NY Slip Op 05322 (2d Dept. 2013).
Tomorrow's issue: Notices to admit.
