In his New York Practice column, Thomas F. Gleason, a member of Gleason, Dunn, Walsh & O'Shea, writes: A survey of results in CPLR 7803 challenges might suggest the statutory term "substantial evidence" could be replaced by "scintilla of evidence," without change in the outcome of cases. The critical importance of the standard of review in Article 78 proceedings is illustrated by a limited class of cases in which the petitioner, not the respondent, gets the legislative helping hand.
The WTC Presumption - Turning the Article 78 Tables
New York Law Journal
March 18, 2013
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