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Matter of Diaz v. Abate

Appellate Division of the Supreme Court of New York, First Department
May 23, 1995
215 A.D.2d 275 (N.Y. App. Div. 1995)

Opinion

May 23, 1995

Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).


Judicial review of an administrative action is limited to a determination of whether there exists a rational basis for the agency's decision and whether said decision is arbitrary and capricious (CPLR 7803; Flacke v Onondaga Landfill Sys., 69 N.Y.2d 355, 363; Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230-231). We may not substitute our judgment for that of the agency responsible for making the initial determination (Flacke v Onondaga Landfill Sys., supra).

Upon our review of this record we find that a rational basis exists for the respondent's denial of the petitioner's request for return of her off-duty firearm and that therefore, said determination was not arbitrary and capricious. The request specifically granted the petitioner the right to resubmit her request at the appropriate time.

Concur — Murphy, P.J., Sullivan, Rubin, Kupferman and Ross, JJ.


Summaries of

Matter of Diaz v. Abate

Appellate Division of the Supreme Court of New York, First Department
May 23, 1995
215 A.D.2d 275 (N.Y. App. Div. 1995)
Case details for

Matter of Diaz v. Abate

Case Details

Full title:In the Matter of ELIZABETH DIAZ, Respondent, v. CATHERINE ABATE, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 23, 1995

Citations

215 A.D.2d 275 (N.Y. App. Div. 1995)
627 N.Y.S.2d 554

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