MATTER OF ALEXANDER v. RHEA

2011-01177

90 A.D.3d 1041 (2011)

935 N.Y.S.2d 323

2011 NY Slip Op 9637

In the Matter of AUDREY ALEXANDER, Respondent, v. JOHN B. RHEA, Appellant, et al., Respondent.

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

Decided December 27, 2011.


Ordered that the judgment is affirmed, with costs.

Judicial review of the determination of an administrative agency pursuant to CPLR article 78 is limited to questions expressly identified by statute and includes the question of whether the determination was "arbitrary and capricious or an abuse of discretion, including abuse of discretion as to the measure or mode of penalty or discipline imposed" (CPLR 7803 [3]). Insofar as applicable here, the statute authorizes...

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