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NEW YORK CITY DEP'T OF SANITATION v. MacDONALD

215 A.D.2d 324 (1995)

627 N.Y.S.2d 619

New York City Department of Sanitation et al., Appellants, v. Malcolm D. Macdonald, as Chairman of New York City Board of Collective Bargaining, et al., Respondents

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

May 25, 1995

Judicial review of administrative determinations is limited to whether the determination is arbitrary and capricious, or an abuse of discretion, and the court may not substitute its judgment for that of the agency if the determination is rationally based (Matter of City of New York v Plumbers Local Union No. 1, 204 A.D.2d 183, 184, lv denied 85 N.Y.2d 803). BCB is empowered by statute to determine whether a dispute is the...

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