The scope of deference to administrative agencies was recently treated by a divided panel of the Appellate Division, Third Department, whose decision in an Article 78 substantial evidence proceeding was reversed by a divided Court of Appeals in Matter of Haug v. State University of N.Y. at Potsdam, 149 A.D.3d 1200 (2017). The disturbing facts and the review standard make compelling reading—and not just for lawyers.

The Article 78 proceeding in Haug was initially considered in the Appellate Division as the result of the transfer to that court pursuant to CPLR 7804(g). That section provides for the court procedures in a special proceeding that follows an administrative hearing and determination. If the proceeding raises (as in Haug) a question of whether the determination of the agency is supported by substantial evidence, the case will be transferred by the Supreme Court to the Appellate Division for review—as if the lower court role had already been performed by the agency.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]