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IN THE MATTER OF ZUPA v. BOARD OF TRUSTEES OF TOWN OF SOUTHOLD

54 A.D.3d 957 (2008)

864 N.Y.S.2d 142

In the Matter of MARY S. ZUPA et al., Appellants, v. BOARD OF TRUSTEES OF TOWN OF SOUTHOLD et al., Respondents.

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

September 23, 2008.

Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs.

Contrary to the petitioners' contention, the substantial evidence standard of review does not apply to the administrative determination at issue, since it was made after informational public hearings, as opposed to a quasi-judicial evidentiary hearing (see Matter of Scherbyn v Wayne-Finger Lakes Bd. of Coop. Educ. Servs., 77 N.Y.2d 753

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