§ 7803 — Questions raised

New York § 7803

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 78: Proceeding Against Body or Officer

Text

§ 7803. Questions raised. The only questions that may be raised in a\nproceeding under this article are:\n 1. whether the body or officer failed to perform a duty enjoined upon\nit by law; or\n 2. whether the body or officer proceeded, is proceeding or is about to\nproceed without or in excess of jurisdiction; or\n 3. whether a determination was made in violation of lawful procedure,\nwas affected by an error of law or was arbitrary and capricious or an\nabuse of discretion, including abuse of discretion as to the measure or\nmode of penalty or discipline imposed; or\n 4. whether a determination made as a result of a hearing held, and at\nwhich evidence was taken, pursuant to direction by law is, on the entire\nrecord, supported by substantial evidence.\n 5. A proceeding to review the final determination or order of the\nstate review officer pursuant to subdivision three of section forty-four\nhundred four of the education law shall be brought pursuant to article\nfour of this chapter and such subdivision; provided, however, that the\nprovisions of this article shall not apply to any proceeding commenced\non or after the effective date of this subdivision.\n