The Article 78 proceeding replaces several common law writs,1 including the former writ of certiorari to review, which allowed judicial review of an administrative agency’s determination after a trial-like hearing on a record.2
This type of review now is provided in subdivision 4 of CPLR 7803, which permits the court to consider "whether a determination made as a result of a hearing held, and at which evidence was taken…is, on the entire record, supported by substantial evidence." Former Appellate Division law clerks know well the tough burden borne by Article 78 petitioners who base their challenge to such determinations on the evidence. Hundreds of these cases are confirmed each year, under the often deadly substantial evidence review standard.
This content has been archived.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
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]
