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MATTER OF MAPP v. BURNHAM

23 A.D.3d 37 (2005)

800 N.Y.S.2d 137

In the Matter of CHRISTOPHER MAPP, Petitioner, v. GREGORY BURNHAM, as Chief Technology Officer of Port Authority of New York & New Jersey, et al., Respondents.

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

August 18, 2005.

Attorney(s) appearing for the Case

Traub & Traub, P.C., New York City (Doris G. Traub of counsel), for petitioner.

Milton H. Pachter, New York City (Anne M. Tannenbaum, Carlene V. McIntyre, Angel Kelley and Racquel Reinstein of counsel), for respondents.

MAZZARELLI, J.P., SAXE and NARDELLI, JJ., concur with CATTERSON, J.; FRIEDMAN, J., dissents in a separate opinion.

OPINION OF THE COURT

CATTERSON, J.

In this transferred CPLR article 78 proceeding, this Court is called upon to review the Port Authority's determination to terminate petitioner's employment following an administrative hearing.

Judicial review of an article 78 proceeding is limited to whether the determination was supported by substantial evidence. (CPLR 7803 [4].) "[A] determination is regarded as...

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