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MATTER OF MUHAMMAD v. ZUCKER

368, 101138/14.

137 A.D.3d 429 (2016)

26 N.Y.S.3d 276

2016 NY Slip Op 01446

In the Matter of RAFEAK MUHAMMAD, M.D., Appellant, v. HOWARD A. ZUCKER, M.D., J.D., as Acting Commissioner of the New York State Department of Health, et al., Respondents.

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

Decided March 1, 2016.

The test for whether an administrative agency's determination is arbitrary and capricious is whether the determination "is without sound basis in reason and is generally taken without regard to the facts" (Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 231 [1974]; Matter of Mankarios v New York City Taxi & Limousine Commn.,

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