(Download) "Matter Rose Silberfarb v. Board Cooperative Educational Services" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Rose Silberfarb v. Board Cooperative Educational Services
- Author : Court of Appeals of New York
- Release Date : January 01, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Judicial review of administrative determinations made as the result of a hearing required by law is limited to a consideration of whether that resolution is supported by substantial evidence (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 181). Notwithstanding petitioners testimony that her dismissal was motivated by bad faith on the part of her supervisor, the supervisors testimony of her poor job performance and insubordination and the exhibits of her work provided substantial evidence to support the charges leading to her dismissal. It was for the board to weigh the conflicting evidence of motive and assess the credibility of the witnesses, not the Appellate Division (Matter of Stork Rest. v Boland, 282 NY 256, 267). It was also within the boards competence to determine whether the evidence established dereliction sufficient to support the charge of poor job performance.