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MATTER OF LIVULPI v. SWARTS

2010-08395.

100 A.D.3d 759 (2012)

954 N.Y.S.2d 125

In the Matter of JOHN E. LIVULPI, Petitioner, v. DAVID J. SWARTS et al., Respondents.

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

November 14, 2012.

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

In order to annul an administrative determination made after a hearing directed by law at which evidence is taken, a court must conclude that the record lacks substantial evidence to support the determination (see Matter of Kelly v Safir, 96 N.Y.2d 32, 38 [2001]; Matter of Pell v Board of Educ...

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