MATTER OF SMALLS v. HAMMONS


231 A.D.2d 528 (1996)

647 N.Y.S.2d 103

In the Matter of Reginald Smalls, Petitioner, v. Marva L. Hammons et al., Respondents

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

September 9, 1996


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

A reviewing court may not weigh the evidence or reject the choice made by the administrative agency where there is conflicting evidence and room for choice exists (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436; Matter of Lawrence v Weinstein, 181 A.D.2d 888). It is for...

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