MATTER OF MARSH v. HANLEY


50 A.D.2d 687 (1975)

In the Matter of John Marsh, Petitioner, v. Francis E. Hanley, as Commissioner of Public Safety of the City of Albany, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 20, 1975


On this proceeding, petitioner contends that the determination of the Commissioner was arbitrary, capricious and not supported by substantial evidence. In a review of administrative determinations, appellate courts do not review the facts de novo and arrive at an independent determination. Our function is to scrutinize the record and determine whether the decision of the administrative agency is supported by substantial evidence and not arbitrary and capricious (

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