Marsala v. Simpson

Appellate Division of the Supreme Court of New York

Marsala v. Simpson

87 A.D.2d 614, 448 N.Y.S.2d 33, 1982 N.Y. App. Div. LEXIS 15915

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1982

StatusPublished

This text of 87 A.D.2d 614 (Marsala v. Simpson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marsala v. Simpson, 87 A.D.2d 614, 448 N.Y.S.2d 33, 1982 N.Y. App. Div. LEXIS 15915 (N.Y. Ct. App. 1982).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the New York City Transit Authority, dated December 10, 1979 and made after a hearing, which found petitioners guilty of certain misconduct and suspended each of them for 30 days without pay. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The issue before this court is whether the record contains substantial evidence to support the decision made after the administrative hearing and adopted by the Transit Authority. Substantial evidence may be found notwithstanding the existence of conflicting evidence. After a careful examination of the record, we conclude that there is a rational basis to support the hearing referee’s conclusions and, therefore, substantial evidence exists. (See Matter of Purdy v Kreisberg, 47 NY2d 354, 358; Matter of Collins v Codd, 38 NY2d 269.) Mangano, J. P., O’Connor, Brown and Niehoff, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the New York City Transit Authority, dated December 10, 1979 and made after a hearing, which found petitioners guilty of certain misconduct and suspended each of them for 30 days without pay. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The issue before this court is whether the record contains substantial evidence to support the decision made after the administrative hearing and adopted by the Transit Authority. Substantial evidence may be found notwithstanding the existence of conflicting evidence. After a careful examination of the record, we conclude that there is a rational basis to support the hearing referee’s conclusions and, therefore, substantial evidence exists. (See Matter of Purdy v Kreisberg, 47 NY2d 354, 358; Matter of Collins v Codd, 38 NY2d 269.) Mangano, J. P., O’Connor, Brown and Niehoff, JJ., concur.

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Bluebook (online)

87 A.D.2d 614, 448 N.Y.S.2d 33, 1982 N.Y. App. Div. LEXIS 15915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marsala-v-simpson-nyappdiv-1982.

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