MATTER OF MOY v. BOARD OF TOWN TRUSTEES OF TOWN OF SOUTHOLD


61 A.D.3d 763 (2009)

877 N.Y.S.2d 186

In the Matter of SIM MOY et al., Respondents, v. BOARD OF TOWN TRUSTEES OF TOWN OF SOUTHOLD, Appellant.

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

Decided April 14, 2009.


Ordered that the judgment is affirmed, without costs or disbursements.

Initially, we note that the substantial evidence standard of review does not apply to the administrative determination at issue here, 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, 757-758 [1991]; Matter of...

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