People v. Quintana, 170 A.D.2d 184 (N.Y. App. Div. 1991). · Go Syfert
Search
People v. Quintana, 170 A.D.2d 184 (N.Y. App. Div. 1991). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, 2010–2024 · 2 courts · …the court may not consider arguments or evidence not contained in the administrative record at p. 185 ⚠ not in text
11 citation events (7 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Basnight v. New York City Hous. Auth. (nyappdiv, 2015-10-22)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Basnight v. New York City Hous. Auth.
N.Y. App. Div. · 2015 · confidence medium
Review is confined to issues raised in the administrative proceedings (Matter of Rozmae Realty v State Div. of Hous. & Community Renewal, Off. of Rent Admin., 160 AD2d 343 [1990], lv denied 76 NY2d 712 [1990]), and “the court may not consider arguments or evidence not contained in the administrative record” (Brusco v New York State Div. of Hous. & Community Renewal, 170 AD2d 184, 185 [1991], appeal dismissed 77 NY2d 939 [1991], cert denied 502 US 857 [1991]).
discussed Cited as authority (rule) Rezplex, L.L.C. v. New York City Department of Housing Preservation
N.Y. App. Div. · 2010 · confidence medium
In conducting a review under CPLR article 78, “the court may not consider arguments or evidence not contained in the administrative record” (Brusco v New York State Div. ofHous. & Community Renewal, 170 AD2d 184, 185 [1991], appeal dismissed 77 NY2d 939 [1991], cert denied 502 US 857 [1991]).
discussed Cited as authority (rule) L&M Bus Corp. v. New York City Department of Education
N.Y. App. Div. · 2009 · confidence medium
It is settled that a court’s review of the propriety of an agency’s determination is confined to the particular grounds invoked by the agency in support of its action (see Matter of Yarbough v Franco, 95 NY2d 342, 347 [2000]; Matter of Montauk Improvement v Proccacino, 41 NY2d 913 , 913-914 [1977]); neither evidence nor arguments outside the administrative record may be considered (Brusco v New York State Div. of Hous. & Community Renewal, 170 AD2d 184, 185 [1991], appeal dismissed 77 NY2d 939 [1991], cert denied 502 US 857 [1991]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Lucy Quintana
Appellate Division of the Supreme Court of the State of New York.
Feb 5, 1991.
170 A.D.2d 184
1991 N.Y. App. Div. LEXIS 1119
Published

Judgment, Supreme Court, New York County (Jay Gold, J.), rendered on February 8, 1989, convicting defendant of criminal sale of a controlled substance in the fifth degree and sentencing defendant, as a predicate felon, to an indeterminate term of imprisonment of 2 to 4 years, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. (See, Anders v California, 386 US 738; People v Saunders, 52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal.

Pursuant to CPL 460.20, defendant has the right to apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that court and by submitting such application to the clerk of the court or to a Justice of the Appellate Division of the Supreme Court of this department on reasonable notice to the respondent within 30 days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the Judge or Justice first applied to is final and no new application may thereafter be made to any other Judge or Justice. Concur—Murphy, P. J., Sullivan, Carro, Ellerin and Smith, JJ.