Thursday, December 1, 2016

Judicial review of an agency's determination.

Practice point:  Judicial review of an administrative determination made after a hearing required by law, and at which evidence was taken, is limited to whether that determination is supported by substantial evidence. Substantial evidence is more than seeming or imaginary, and it is less than a preponderance of the evidence, overwhelming evidence or evidence beyond a reasonable doubt. The standard demands only that a given inference is reasonable and plausible, not necessarily the most probable.

Case:  Matter of Clan Fitz, Inc. v. New York State Liq. Auth., NY Slip Op 07952 (2d Dep't November 23, 2016

Here is the decision.

Tomorrow's issue: Ladders and the Labor Law.