Sullivan v. Board of Commissioners of Pilots

Appellate Division of the Supreme Court of New York

Sullivan v. Board of Commissioners of Pilots

54 A.D.2d 580, 387 N.Y.S.2d 149, 1976 N.Y. App. Div. LEXIS 13931

Appellate Division of the Supreme Court of the State of New York·Decided September 27, 1976·Published

Opinion

Proceeding pursuant to CPLR article 78 inter alia to review a determination of the respondent Board of Commissioners of Pilots which, after a hearing, refused to accept petitioner’s application for registration as a Hudson River pilot apprentice. Determination confirmed and proceeding dismissed on the merits, with costs. The reasons for the refusal to register petitioner as a Hudson River pilot apprentice (see Navigation Law, § 91-a, and the rules promulgated thereunder) are supported by substantial evidence and are neither arbitrary nor capricious. Further, the review of petitioner’s application undertaken by the board of commissioners, including a hearing at which petitioner’s attorney was present, providing petitioner with the [581] minutes taken thereat and a decision detailing the data evaluated, obviates petitioner’s claim that he was denied due process. Hopkins, Acting P. J., Martuscello, Cohalan, Damiani and Shapiro, JJ., concur.

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Proceeding pursuant to CPLR article 78 inter alia to review a determination of the respondent Board of Commissioners of Pilots which, after a hearing, refused to accept petitioner’s application for registration as a Hudson River pilot apprentice. Determination confirmed and proceeding dismissed on the merits, with costs. The reasons for the refusal to register petitioner as a Hudson River pilot apprentice (see Navigation Law, § 91-a, and the rules promulgated thereunder) are supported by substantial evidence and are neither arbitrary nor capricious. Further, the review of petitioner’s application undertaken by the board of commissioners, including a hearing at which petitioner’s attorney was present, providing petitioner with the [581] minutes taken thereat and a decision detailing the data evaluated, obviates petitioner’s claim that he was denied due process. Hopkins, Acting P. J., Martuscello, Cohalan, Damiani and Shapiro, JJ., concur.

Sullivan v. Board of Commissioners of Pilots, 54 A.D.2d 580, 387 N.Y.S.2d 149, 1976 N.Y. App. Div. LEXIS 13931 (N.Y. Ct. App. 1976).

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54 A.D.2d 580 (Sullivan v. Board of Commissioners of Pilots) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.