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118 New York opinions name it 7 courts 1947–2026 37 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Halperin v. City of New Rochellegreen2 sentences2025"Judicial review of an administrative determination not made after a quasi-judicial hearing is limited to whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion" ( Matter of Simon Green, Inc. v New York State Div. of Hous. & Community Renewal , 228 AD3d 670 , 671 [internal quotation marks omitted]; see CPLR 7803[3]; Matter of Halperin v City of New Rochelle , 24 AD3d 768, 770-771 ). 2016“Judicial review of administrative determinations that were not made after a quasi-judicial hearing is limited to whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion” (Matter of Riverside Tenants Assn. v New York State Div. of Hous. & Community Renewal, 133 AD3d 764, 766 [2015], citing CPLR 7803 [3]; see Matter of Murphy v New York State Div. of Hous. & Community Renewal, 21 NY3d 649, 652 [2013]; Matter of Sasso v Osgood, 86 NY2d 374, 384 [1995]; Matter of Halperin v City of New Rochelle | 20 | 23 |
Matter of Lake v. New York City Employees' Retirement Sys.green2 sentences2025"Judicial review of an administrative determination not made after a quasi-judicial hearing is limited to whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion" ( Matter of Lake v New York City Employees' Retirement Sys. , 202 AD3d 682, 683 [internal quotation marks omitted]; see CPLR 7803). 2025"Judicial review of an administrative determination not made after a quasi-judicial hearing is limited to whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion" ( Matter of Lake v New York City Employees' Retirement Sys. , 202 AD3d 682, 683 [internal quotation marks omitted]; see CPLR 7803). | 18 | 18 |
Peckham v. Calogerogreen2 sentences2017In this CPLR article 78 proceeding, the petitioner challenges an agency determination that was not made after a quasi-judicial hearing required by law and, thus, the standard of review is whether the HPD’s determination was arbitrary and capricious or an abuse of discretion (see Matter of Peckham v Calogero, 12 NY3d 424, 431 [2009]; Matter of Colton v Berman, 21 NY2d 322, 329 [1967]; Matter of Gottlieb v City of New York, 129 AD3d 724, 725 [2015]). 2016We agree and affirm. “[T]he standard of review for this proceeding, which challenges a determination that was not made after a quasi-judicial hearing, is whether [DHSES’s] determination was arbitrary and capricious” (Matter of CDE Elec., Inc. v Rivera, 124 AD3d 1178, 1180 [2015]; see CPLR 7803 [3]). “ ‘An action is arbitrary and capricious when it is taken without sound basis in reason or regard to the facts’ ” (Matter of CDE Elec., Inc. v Rivera, 124 AD3d at 1180 , quoting Matter of Peckham v Calogero, 12 NY3d 424, 431 [2009]). | 8 | 8 |
Wooley v. New York State Department of Correctional Servicesgreen2 sentences2018A determination is arbitrary and capricious when it is without sound basis and reason and generally taken without regard to the facts ( see Matter of Wooley v New York State Dept. of Correctional Servs., 15 NY3d 275, 280 ; Matter of Pell v Bd. of Educ. of Union Free School Dist. 2013In such a proceeding, courts “examine whether the action taken by the agency has a rational basis” and will overturn that action only “where it is ‘taken without sound basis in reason’ or ‘regard to the facts’ ” (Matter of Wooley v New York State Dept, of Correctional Servs., 15 NY3d 275, 280 [2010], quoting Matter of Peckham v Calogero, 12 NY3d 424, 431 [2009]; see Matter of Pell v Board of Educ. of Union Free School Dist. | 6 | 7 |
Matter of Riverside Tenants Assn. v. New York State Div. of Hous. & Community Renewalgreen2 sentences2026"Judicial review of administrative determinations that were not made after a quasi-judicial hearing is limited to whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion" ( Matter of Riverside Tenants Assn. v New York State Div. of Hous. & Community Renewal , 133 AD3d 764, 766 , citing CPLR 7803[3]; see Matter of Murphy v New York State Div. of Hous. & Community Renewal , 21 NY3d 649, 652 ; Matter of Sasso v Osgood , 86 NY2d 374, 384 ). 2019Judicial review of an administrative determination that was not made after a quasi-judicial hearing is limited to whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion ( see CPLR 7803[3]; Matter of Riverside Tenants Assn. v New York State Div. of Hous. & Community Renewal , 133 AD3d 764, 766 ). | 4 | 12 |
Scherz v. New York State Department of Healthgreen2 sentences2018"A substantial evidence issue arises only where a quasi-judicial hearing has been held and evidence [has been] taken pursuant to law" ( Scherz , 93 AD3d at 1303 [internal quotation marks omitted]). 2018"A substantial evidence issue arises only where a quasi-judicial hearing has been held and evidence [has been] taken pursuant to law' . . . and[, here,] no hearing was held" ( Matter of Scherz v New York State Dept. of Health , 93 AD3d 1302, 1303 [4th Dept 2012]; see Matter of Occupational Safety & Envtl. | 4 | 5 |
Pell v. Board of Educationgreen2 sentences2014In all CPLR article 78 proceedings to review determinations that are not made after a quasi-judicial hearing mandated by law, including this one, “the proper standard for judicial review ... is whether the Board’s determination was arbitrary and capricious or an abuse of discretion (see CPLR 7803 [3])” (Matter of Beck-Nichols v Bianco, 20 NY3d 540, 559 [2013]; see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Toums of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 231 [1974]). 2014In all CPLR article 78 proceedings to review determinations that are not made after a quasi-judicial hearing mandated by law, including this one, “the proper standard for judicial review ... is whether the Board’s determination was arbitrary and capricious or an abuse of discretion (see CPLR 7803 [3])” (Matter of Beck-Nichols v Bianco, 20 NY3d 540, 559 [2013]; see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Toums of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 231 [1974]). | 3 | 9 |
Colton v. Bermangreen2 sentences2017In this CPLR article 78 proceeding, the petitioner challenges an agency determination that was not made after a quasi-judicial hearing required by law and, thus, the standard of review is whether the HPD’s determination was arbitrary and capricious or an abuse of discretion (see Matter of Peckham v Calogero, 12 NY3d 424, 431 [2009]; Matter of Colton v Berman, 21 NY2d 322, 329 [1967]; Matter of Gottlieb v City of New York, 129 AD3d 724, 725 [2015]). 1984An article 78 proceeding should, pursuant to CPLR 7803 (subd 4) and 7804 (subd [g]), only be transferred to the Appellate Division when a quasi-judicial hearing at which evidence is taken is held and the resulting determination is challenged as not being supported by substantial evidence (see Matter of Colton v Berman, 21 NY2d 322, 329 ). | 3 | 8 |
Bonded Concrete, Inc. v. Town Board of the Town of Rotterdamgreen2 sentences2011A substantial evidence issue “ ‘arises only where a quasi-judicial hearing has been held and evidence taken pursuant to law’ ” (Matter of Bonded Concrete v Town Bd. of Town of Rotterdam, 176 AD2d 1137, 1137-1138 [1991]). 2011A substantial evidence issue “ ‘arises only where a quasi-judicial hearing has been held and evidence taken pursuant to law‘ ” (Matter of Bonded Concrete v Town Bd. of Town of Rotterdam, 176 AD2d 1137, 1137-1138 [1991] [emphasis added]). | 3 | 5 |
Beck-Nichols v. Biancogreen2 sentences2015As petitioner acknowledges, the standard of review for this proceeding, which challenges a determination that was not made after a quasi-judicial hearing, is whether the Commissioner’s determination was arbitrary and capricious or an abuse of discretion (see CPLR 7803 [3]; Matter of Beck-Nichols v Bianco, 20 NY3d 540, 559 [2013]; Matter of Pell v Board of Educ. of Union Free School Dist. 2014In all CPLR article 78 proceedings to review determinations that are not made after a quasi-judicial hearing mandated by law, including this one, “the proper standard for judicial review ... is whether the Board’s determination was arbitrary and capricious or an abuse of discretion (see CPLR 7803 [3])” (Matter of Beck-Nichols v Bianco, 20 NY3d 540, 559 [2013]; see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Toums of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 231 [1974]). | 3 | 3 |
MATTER OF SASSO v. Osgoodgreen2 sentences2026Where, as here, a determination is made after a public hearing that is not a quasi-judicial hearing based upon sworn testimony, "courts consider 'substantial evidence' only to determine whether the record contains sufficient evidence to support the rationality of the Board's determination" ( Matter of Sasso v Osgood , 86 NY2d 374, 384 n 2; see Matter of Denisov v DeChance , 236 AD3d 905, 907). 2026"Judicial review of administrative determinations that were not made after a quasi-judicial hearing is limited to whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion" ( Matter of Riverside Tenants Assn. v New York State Div. of Hous. & Community Renewal , 133 AD3d 764, 766 , citing CPLR 7803[3]; see Matter of Murphy v New York State Div. of Hous. & Community Renewal , 21 NY3d 649, 652 ; Matter of Sasso v Osgood , 86 NY2d 374, 384 ). | 2 | 6 |
Murphy v. New York State Division of Housing & Community Renewalgreen2 sentences2026"Judicial review of administrative determinations that were not made after a quasi-judicial hearing is limited to whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion" ( Matter of Riverside Tenants Assn. v New York State Div. of Hous. & Community Renewal , 133 AD3d 764, 766 , citing CPLR 7803[3]; see Matter of Murphy v New York State Div. of Hous. & Community Renewal , 21 NY3d 649, 652 ; Matter of Sasso v Osgood , 86 NY2d 374, 384 ). 2016“Judicial review of administrative determinations that were not made after a quasi-judicial hearing is limited to whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion” (Matter of Riverside Tenants Assn. v New York State Div. of Hous. & Community Renewal, 133 AD3d 764, 766 [2015], citing CPLR 7803 [3]; see Matter of Murphy v New York State Div. of Hous. & Community Renewal, 21 NY3d 649, 652 [2013]; Matter of Sasso v Osgood, 86 NY2d 374, 384 [1995]; Matter of Halperin v City of New Rochelle | 2 | 2 |
Nassau Boces Central Council of Teachers v. Board of Cooperative Educational Servicesgreen2 sentences2016Servs. of Nassau County, 63 NY2d 100, 102 [1984]). “[R] eview of an agency determination that was not made after a quasi-judicial hearing is limited to consideration of whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion” (Matter of Drumm v Cassano, 129 AD3d 957, 958 [2015]; see CPLR 7803 [3]). 2016Servs. of Nassau County, 63 NY2d 100, 102 [1984]). “[R] eview of an agency determination that was not made after a quasi-judicial hearing is limited to consideration of whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion” (Matter of Drumm v Cassano, 129 AD3d 957, 958 [2015]; see CPLR 7803 [3]). | 2 | 2 |
Matter of Drumm v. Cassanogreen2 sentences2016Servs. of Nassau County, 63 NY2d 100, 102 [1984]). “[R] eview of an agency determination that was not made after a quasi-judicial hearing is limited to consideration of whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion” (Matter of Drumm v Cassano, 129 AD3d 957, 958 [2015]; see CPLR 7803 [3]). 2016Servs. of Nassau County, 63 NY2d 100, 102 [1984]). “[R] eview of an agency determination that was not made after a quasi-judicial hearing is limited to consideration of whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion” (Matter of Drumm v Cassano, 129 AD3d 957, 958 [2015]; see CPLR 7803 [3]). | 2 | 2 |
Gigliotti v. Biancogreen2 sentences2012A substantial evidence issue “arises only where a quasi-judicial hearing has been held and evidence -2- 273 TP 11-01893 [has been] taken pursuant to law” (Matter of Gigliotti v Bianco, 82 AD3d 1636, 1638 [internal quotation marks omitted]) and no hearing was held or required in this case (see id.). 2012A substantial evidence issue “arises only where a quasi-judicial hearing has been held and evidence [has been] taken pursuant to law” (Matter of Gigliotti v Bianco, 82 AD3d 1636, 1638 [2011] [internal quotation marks omitted]) and no hearing was held or required in this case (see id.). | 2 | 2 |
In the Matter of Connor v. Board of Education of City School Dist.green2 sentences2011Here, the District did not conduct a hearing before terminating petitioner’s employment, nor was such a hearing “required by statute or law” (Matter of Colton v Berman, 21 NY2d 322, 329 ; see Matter of O’Connor v Board of Educ. of City School Dist. of City of Niagara Falls, 48 AD3d 1254 , lv dismissed 10 NY3d 928 ; see generally Matter of Felix v New York City Dept. of Citywide Admin. 2011Here, the District did not conduct a hearing before terminating petitioner’s employment, nor was such a hearing “required by statute or law” (Matter of Colton v Berman, 21 NY2d 322, 329 [1967]; see Matter of O’Connor v Board of Educ. of City School Dist. of City of Niagara Falls, 48 AD3d 1254 [2008], lv dismissed 10 NY3d 928 [2008]; see generally Matter of Felix v New York City Dept. of City wide Admin. | 2 | 2 |
O'Connor v. Board of Education of City School Districtgreen2 sentences2011Here, the District did not conduct a hearing before terminating petitioner’s employment, nor was such a hearing “required by statute or law” (Matter of Colton v Berman, 21 NY2d 322, 329 ; see Matter of O’Connor v Board of Educ. of City School Dist. of City of Niagara Falls, 48 AD3d 1254 , lv dismissed 10 NY3d 928 ; see generally Matter of Felix v New York City Dept. of Citywide Admin. 2011Here, the District did not conduct a hearing before terminating petitioner’s employment, nor was such a hearing “required by statute or law” (Matter of Colton v Berman, 21 NY2d 322, 329 [1967]; see Matter of O’Connor v Board of Educ. of City School Dist. of City of Niagara Falls, 48 AD3d 1254 [2008], lv dismissed 10 NY3d 928 [2008]; see generally Matter of Felix v New York City Dept. of City wide Admin. | 2 | 2 |
Matter of 9215 Realty, LLC v. State of N.Y. Div. of Hous. & Community Renewalgreen2 sentences2021Div. of Hous. & Community Renewal , 136 AD3d 925, 925 ). 2019Div. of Hous. & Community Renewal , 136 AD3d 925, 925 ; Matter of Riverside Tenants Assn. v New York State Div. of Hous. & Community Renewal , 133 AD3d 764, 766 ). | 1 | 8 |
Matter of Bedeau Realty Corp. v. State of New York, Div. of Hous. & Community Renewalgreen2 sentences2024"Judicial review of an administrative determination not made after a quasi-judicial hearing is limited to whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion" ( Matter of Bedeau Realty Corp. v State of New York, Div. of Hous. & Community Renewal , 177 AD3d 872 , 873; see Matter of Hack v Town Bd. of Town of Putnam Val. , 219 AD3d 489, 490-491 ; Matter of Hilbertz v City of New York , 210 AD3d 1089, 1091 ). 2021"Judicial review of an administrative determination not made after a quasi-judicial hearing is limited to whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion" ( Matter of Bedeau Realty Corp. v State of New York, Div. of Hous. & Community Renewal , 177 AD3d 872 , [*2]873; see CPLR 7803[3]). | 1 | 3 |
Matter of Gottlieb v. City of New Yorkgreen2 sentences2018When a petitioner challenges an administrative determination that was not made after a quasi-judicial hearing, the court must consider whether the determination was made in violation of lawful procedure, affected by an error of law, or arbitrary and capricious ( see CPLR 7803[3]; Matter of Jefferson v New York City Bd. of Educ., 146 AD3d at 780 ; Matter of Gottlieb v City of New York, 129 AD3d at 725 ). 2017When a petitioner challenges an administrative determination that was not made after a quasi-judicial hearing, the court must consider whether the determination was made in violation of lawful procedure, affected by an error of law, or arbitrary and capricious (see CPLR 7803 [3]; Matter of Gottlieb v City of New York, 129 AD3d at 725 ; Matter of JP & Assoc. | 1 | 3 |
300 Gramatan Avenue Associates v. State Division of Human Rightsgreen2 sentences2017Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978]; Matter of Bosch v City of Middletown, N.Y., 127 AD3d 855, 855-856 [2015]; Matter of Martin v Board of Trustees of the Vil. of Pelham Manor, 86 AD3d 645 [2011]). 2012Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]; see Matter of Halperin v City of New Rochelle, 24 AD3d 768, 769-770 [2005]). | 1 | 2 |
Campbell v. Town of Mount Pleasant Zoning Board of Appealsgreen2 sentences2026Where, as here, a determination is made after a public hearing that is not a quasi-judicial hearing based upon sworn testimony, "courts consider 'substantial evidence' only to determine whether the record contains sufficient evidence to support the rationality of the Board's determination" ( Matter of Campbell v Town of Mount Pleasant Zoning Bd. of Appeals , 84 AD3d 1230, 1231 [internal quotation marks omitted]; see Matter of Fildon, LLC v Planning Bd. of Inc. Vil. of Hempstead , 164 AD3d 501 , 502). 2026Where, as here, a determination is made after a public hearing that is not a quasi-judicial hearing based upon sworn testimony, "courts consider 'substantial evidence' only to determine whether the record contains sufficient evidence to support the rationality of the Board's determination" ( Matter of Campbell v Town of Mount Pleasant Zoning Bd. of Appeals , 84 AD3d 1230, 1231 [internal quotation marks omitted]; see Matter of Fildon, LLC v Planning Bd. of Inc. Vil. of Hempstead , 164 AD3d 501, 502). | 1 | 1 |
| Friends of Shawangunks, Inc. v. Knowltongreen | 1 | 1 |
| Briscoe v. LaHuegreen | 1 | 1 |
| Matter of Ramapo Pinnacle Props., LLC v. Village of Airmont Planning Bd.green | 1 | 1 |
| Matter of Gramble v. Putnam County Hous. Corp.green | 1 | 1 |
| Matter of 136-21 Hillside Ave., LLC v. Niblackgreen | 1 | 1 |
Matter of Denisov v. DeChancegreen2 sentences2026Where, as here, a determination is made after a public hearing that is not a quasi-judicial hearing based upon sworn testimony, "courts consider 'substantial evidence' only to determine whether the record contains sufficient evidence to support the rationality of the Board's determination" ( Matter of Sasso v Osgood , 86 NY2d 374, 384 n 2; see Matter of Denisov v DeChance , 236 AD3d 905, 907). 2026Where, as here, a determination is made after a public hearing that is not a quasi-judicial hearing based upon sworn testimony, "courts consider 'substantial evidence' only to determine whether the record contains sufficient evidence to support the rationality of the Board's determination" ( Matter of Sasso v Osgood , 86 NY2d 374, 384 n 2; see Matter of Denisov v DeChance , 236 AD3d 905, 907). | 1 | 1 |
Matter of Suburban Restoration Co., Inc. v. State of New York Dept. of Laborgreen2 sentences2026In a CPLR article 78 proceeding in which a quasi-judicial hearing required by law is held, review is limited to deciding whether the determination is supported by substantial evidence in the record and is not affected by an error of law ( see Matter of Suburban Restoration Co., Inc. v State of New York Dept. of Labor , 241 AD3d 558 , 559-560; Matter of Gramble v Putnam County Hous. 2026In a CPLR article 78 proceeding in which a quasi-judicial hearing required by law is held, review is limited to deciding whether the determination is supported by substantial evidence in the record and is not affected by an error of law ( see Matter of Suburban Restoration Co., Inc. v State of New York Dept. of Labor , 241 AD3d 558, 559-560; Matter of Gramble v Putnam County Hous. | 1 | 1 |
| Ifrah v. Utschiggreen | 1 | 1 |
| Mosher-Simons v. County of Alleganygreen | 1 | 1 |
| Matter of Gurariy v. Zuckergreen | 1 | 1 |
| Matter of Better World Real Estate Group v. New York City Dept. of Fin.green | 1 | 1 |
| Pecoraro v. Board of Appealsgreen | 1 | 1 |
| Matter of Hack v. Town Bd. of Town of Putnam Val.green | 1 | 1 |
| Matter of Sha Realty, LLC v. New York State Div. of Hous. & Community Renewalgreen | 1 | 1 |
| Terrace Court, LLC v. Division of Housing & Community Renewalgreen | 1 | 1 |
| Matter of Puerto v. Doargreen | 1 | 1 |
| Matter of JP & Assoc. Corp. v. New York State Div. of Hous. & Community Renewalgreen | 1 | 1 |
| Matter of Bosch v. City of Middletown, N.Y.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
49 Realty Co. v. Commissioner of Finance
neutral
2 sentences2025In New York City, tax class 1 property includes "all vacant land located within a special assessing unit which is a city" that is either zoned residential or situated immediately adjacent to qualifying residential property, "other than such land in the borough of Manhattan" (RPTL 1802[1][d][i]; see 1801[a]; Matter of 49 Realty Co. v Commissioner of Fin. , 15 AD3d 659, 660 ). 2025In New York City, tax class 1 property includes "all vacant land located within a special assessing unit which is a city" that is either zoned residential or situated immediately adjacent to qualifying residential property, "other than such land in the borough of Manhattan" (RPTL 1802[1][d][i]; see 1801[a]; Matter of 49 Realty Co. v Commissioner of Fin. , 15 AD3d 659, 660 ). | 15 | 2025–2025 |
London Leasing Ltd. Partnership v. Division of Housing & Community Renewal
green
2 sentences2025Partnership v Division of Hous. & Community Renewal, 98 AD3d 668 , 670 [2d Dept 2012]; Matter of Halperin v City of New Rochelle, 24 AD3d 768 , 770 3 3 of 6 [* 3] [FILED: KINGS COUNTY CLERK 06/13/2025 10:36 AM] INDEX NO. 523088/2024 NYSCEF DOC. 2015Partnership v Division of Hous. & Community Renewal, 98 AD3d 668 , 670 [2012]; Matter of Halperin v City of New Rochelle, 24 AD3d 768, 770 [2005]). | 10 | 2013–2025 |
Save Pine Bush, Inc. v. Planning Board
green
2 sentences2024This is precisely the type of quasi-judicial proceeding contemplated by CPLR 7803(4) and 7804(g) (Matter of Save the Pine Bush v Planning Ed of City ofAlbany, 83 AD2d 741 [3d Dept 1981] ["An issue specified in CPLR 7803 (subd 4) arises only where a quasi-judicial hearing has been held and evidence taken pursuant to law"]). 1991As we explained in Matter of Save the Pine Bush v Planning Bd. ( 83 AD2d 741 ): "Unless an issue specified in CPLR 7803 (subd 4) is raised, the court in which the proceeding is commenced shall itself dispose of the issues in the proceeding * * * The mere fact that the petition alleges the lack of substantial evidence supporting the determination is not dispositive, for the question of whether an article 78 proceeding must be transferred to the Appellate Division is one to be decided by [Supreme Court], not by petitioners * * * An issue specified in CPLR 7803 (subd 4) arises only where a quasi- | 3 | 1984–2024 |
Moore v. Alexander
green
2 sentences2015We nevertheless review the merits of the petition in the interest of judicial economy (see Scherz, 93 AD3d at 1303 ; Matter of Moore v Alexander, 53 AD3d 747 , 748 n 2 [2008], lv denied 11 NY3d 710 [2008]). 2015We nevertheless review the merits of the petition in the interest of judicial economy (see Scherz, 93 AD3d at 1303 ; Matter of Moore v Alexander, 53 AD3d 747 , 748 n 2 [2008], lv denied 11 NY3d 710 [2008]). | 3 | 2015–2015 |
125 Bar Corp. v. State Liquor Authority
green
2 sentences2002Auth., 24 NY2d 174 ; Matter of Sowa v Looney, 23 NY2d 329 ; Matter of Warren v Irvin, 184 AD2d 1059 [4th Dept 1992]). 1978Auth. of State of N. Y, 24 NY2d 174, 179-180 ; Matter of Perpente v Moss, supra, p 329; Matter of Roosevelt Taxi v Commissioner of Public Safety of City of Yonkers, supra). | 3 | 1977–2002 |
Lopez v. Goord
neutral
2 sentences2012We nevertheless address the merits of petitioners’ contentions in the interest of judicial economy (see Panek, 38 AD3d at 1252 ). “ ‘[J]udicial review of an administrative determination is limited to whether the administrative action is arbitrary and capricious or lacks a rational basis’ ” (Matter of Walker v State Univ. of N.Y. [Upstate Med. 2012We nevertheless address the merits of petitioners’ contentions in the interest of judicial economy (see Panek, 38 AD3d at 1252 ). “ £[J]udicial review of an administrative determination is limited to whether the administrative action is arbitrary and capricious or lacks a rational basis’ ” (Matter of Walker v State Univ. of N.Y. [Upstate Med. | 2 | 2012–2012 |
| Matter of McCollum v. City of New York green | 1 | 2026–2026 |
| Classic Realty LLC v. New York State Division of Housing green | 1 | 2026–2026 |
| Gilman v. New York State Division of Housing & Community Renewal green | 1 | 2026–2026 |
| Claudia E. v. Ryan green | 1 | 2026–2026 |
| Eric Lutz Construction, Inc. v. McGowan neutral | 1 | 2025–2025 |
| Matter of FCFC Realty LLC v. Weiss green | 1 | 2025–2025 |
| Matter of Abramovitz v. Zoning Bd. of Appeals of the Inc. Vil. of Bellport green | 1 | 2025–2025 |
| Matter of Simon Green, Inc. v. New York State Div. of Hous. & Community Renewal green | 1 | 2025–2025 |
| People v. Deon K. green | 1 | 2024–2024 |
| Matter of Hilbertz v. City of New York green | 1 | 2024–2024 |
| 1300 Franklin Avenue Members, LLC v. Board of Trustees of Incorporated Village green | 1 | 2023–2023 |
| Matter of Towers v. Weiss green | 1 | 2021–2021 |
| Matter of M&V 99 Franklin Realty Corp. v. Weiss green | 1 | 2021–2021 |
| Matter of Jefferson v. New York City Bd. of Educ. green | 1 | 2018–2018 |
| North Lake Apartments, LP v. New York State Division of Housing & Community Renewal green | 1 | 2018–2018 |
| Hamilton v. New York State Division green | 1 | 2018–2018 |
| Deerpark Farms, LLC v. Agricultural & Farmland Protection Board green | 1 | 2018–2018 |
| Martin v. Board of Trustees green | 1 | 2017–2017 |
| Velasquez v. New York State Division of Housing & Community Renewal green | 1 | 2017–2017 |
| Rosenkrantz v. McMickens green | 1 | 2016–2016 |
| MATTER OF SILMON v. Travis green | 1 | 2014–2014 |
| Regional Action Group for Environment, Inc. v. Zagata green | 1 | 2004–2004 |
| In re Charles A. Field Delivery Service, Inc. green | 1 | 2004–2004 |
| Sowa v. Looney green | 1 | 2002–2002 |
| Warren v. Irvin green | 1 | 2002–2002 |
| Town of Greenville v. New York State Board of Real Property Services green | 1 | 2000–2000 |
| Town of Smithtown v. Moore green | 1 | 2000–2000 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.