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

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

DecidedSeptember 27, 1976

StatusPublished

This text of 54 A.D.2d 580 (Sullivan v. Board of Commissioners of Pilots) 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

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).

Pincite

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]*581minutes 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]*581minutes 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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Bluebook (online)

54 A.D.2d 580, 387 N.Y.S.2d 149, 1976 N.Y. App. Div. LEXIS 13931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-board-of-commissioners-of-pilots-nyappdiv-1976.