Bartolini Landscaping Inc. v. Brown

Appellate Division of the Supreme Court of New York

Bartolini Landscaping Inc. v. Brown

74 A.D.3d 1060, 902 N.Y.S.2d 400

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 2010·Published

Opinion

Proceed[1061] ing pursuant to CPLR article 78 to review a determination of the Westchester County Department of Consumer Affairs, dated March 27, 2009, which, after a hearing, found that the petitioner violated Administrative Code of the County of Westchester § 863.319 (1) (f), (c), § 863.111 (1) (a) and § 863.61, and imposed a civil penalty in the sum of $4,000.

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

Judicial review of a determination rendered by an administrative body after a quasi-judicial hearing required by law is limited to whether the determination is supported by substantial evidence (see Matter of Halperin v City of New Rochelle, 24 AD3d 768, 769-770 [2005]; CPLR 7803 [4]). Here, the challenged determination was supported by substantial evidence in the record, that is, “such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact” (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978]).

The petitioner’s remaining contentions are without merit. Mastro, J.P., Covello, Belen and Hall, JJ., concur.

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Proceed[1061] ing pursuant to CPLR article 78 to review a determination of the Westchester County Department of Consumer Affairs, dated March 27, 2009, which, after a hearing, found that the petitioner violated Administrative Code of the County of Westchester § 863.319 (1) (f), (c), § 863.111 (1) (a) and § 863.61, and imposed a civil penalty in the sum of $4,000.

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

Judicial review of a determination rendered by an administrative body after a quasi-judicial hearing required by law is limited to whether the determination is supported by substantial evidence (see Matter of Halperin v City of New Rochelle, 24 AD3d 768, 769-770 [2005]; CPLR 7803 [4]). Here, the challenged determination was supported by substantial evidence in the record, that is, “such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact” (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978]).

The petitioner’s remaining contentions are without merit. Mastro, J.P., Covello, Belen and Hall, JJ., concur.

Bartolini Landscaping Inc. v. Brown, 74 A.D.3d 1060, 902 N.Y.S.2d 400 (N.Y. Ct. App. 2010).

Pincite

74 A.D.3d 1060 (Bartolini Landscaping Inc. v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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