Final Administrative Decision in New York

What Is a Final Administrative Decision?

Background

An individual may appeal or challenge the determinations of administrative agencies, public bodies, or officers in the State of New York. (Civ. Prac. Law & Rules, § 7802.) Such relief, previously obtained by writs of certiorari to review, mandamus, or prohibition, is now obtained through a single, uniform procedure. (Civ. Prac. Law & Rules, § 7801.)

How to Structure the Motion

The only questions that may be raised through this procedure include:

whether the body or officer failed to perform a duty enjoined upon it by law; or
whether the body or officer proceeded, is proceeding or is about to proceed without or in excess of jurisdiction; or
whether a determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion, including abuse of discretion as to the measure or mode of penalty or discipline imposed; or
whether a determination made as a result of a hearing held, and at which evidence was taken, pursuant to direction by law is, on the entire record, supported by substantial evidence.

(Civ. Prac. Law & Rules, § 7803.)

The petitioner shall submit “a verified petition, which may be accompanied by affidavits or other written proof. Where there is an adverse party there shall be a verified answer, which must state pertinent and material facts showing the grounds of the respondent’s action complained of. There shall be a reply to a counterclaim denominated as such and there shall be a reply to new matter in the answer or where the accuracy of proceedings annexed to the answer is disputed. The court may permit such other pleadings as are authorized in an action upon such terms as it may specify.” (Civ. Prac. Law & Rules, § 7804(d).)

Response

“The body or officer shall file with the answer a certified transcript of the record of the proceedings under consideration, unless such a transcript has already been filed with the clerk of the court. The respondent shall also serve and submit with the answer affidavits or other written proof showing such evidentiary facts as shall entitle him to a trial of any issue of fact. The court may order the body or officer to supply any defect or omission in the answer, transcript or an answering affidavit.” (Civ. Prac. Law & Rules, § 7804(e).) “Should the body or officer fail either to file and serve an answer or to move to dismiss, the court may either issue a judgment in favor of the petitioner or order that an answer be submitted.” (Id.)

The Court’s Decision

The court “may grant the petition the relief to which he is entitled, or may dismiss the proceeding either on the merits or with leave to renew. If the proceeding was brought to review a determination, the judgment may annul or confirm the determination in whole or in part, or modify it, and may direct or prohibit specified action by the respondent.” (Civ. Prac. Law & Rules, § 7806.) The court may also “stay further proceedings, or the enforcement of any determination under review, upon terms including notice, security and payment of costs.” (Civ. Prac. Law & Rules, § 7805.)

It is well-settled that “[i]n reviewing administrative determinations, [courts] must ascertain whether there is a rational basis for the action in question or whether it is arbitrary and capricious.” (Matter of Peckham v. Calogero (2009) 12 N.Y.3d 424, 431.) A court may not substitute its judgment for that of the board or body it reviews unless the decision under review is arbitrary and unreasonable and constitutes an abuse of discretion. (Drier v. LaValle, A.D.3d 790, 815 N.Y.S.2d 661, 662 [2d Dept. 2006].) Thus, in order for a court to find that an agency’s determination is arbitrary and capricious, it would have to find that the action taken was without sound basis in reason and taken without regard to the facts. (Id.; Matter of Murphy v. New York State Div. of Hous. & Cmty. Renewal (2013) 21 N.Y.3d 649, 652; Pell v. Board of Educ. (1974) 34 N.Y.2d 222, 231.)

Where the judgment of the agency involves factual evaluations in the area of the agency’s expertise and is supported by the record, such judgment must be accorded great weight and judicial deference. (Rodriguez v. County of Nassau, 80 A.D.3d 702, 915 N.Y.S.2d 159, 160 (2d Dept. 2011).) Even if different conclusions could be reached as a result of conflicting evidence, a court may not substitute its judgment for that of the agency where the agency’s determination is supported by the record. (Cohen v. State, 2 A.D.3d 522, 770 N.Y.S.2d 361, 363 [2d Dept. 2003].)

When a substantial evidence issue is raised, “the court shall first dispose of such other objections as could terminate the proceeding, including but not limited to lack of jurisdiction, statute of limitations and res judicata, without reaching the substantial evidence issue. If the determination of the other objections does not terminate the proceeding, the court shall make an order directing that it be transferred for disposition to a term of the appellate division held within the judicial department embracing the county in which the proceeding was commenced.” (Civ. Prac. Law & Rules, § 7804(g); Matter of Garvey v. Sullivan (2018) 129 AD3d 1078, 1081.) A ‘substantial evidence’ question is presented only where a quasi-judicial evidentiary hearing has been held. (Matter of Scherbyn v. Wayne-Finger Lakes Bd. Of Coop. Educ. Servs. (1991) 77 N.Y.2d 753, 757-758.)

Monetary Awards

“Any restitution or damages granted to the petitioner must be incidental to the primary relief sought by the petitioner, and must be such as he might otherwise recover on the same set of facts in a separate action or proceeding suable in the supreme court against the same body or officer in its or his official capacity.” (Civ. Prac. Law & Rules, § 7806.)

Timeline

An appeal of an administrative decision “must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner.” (Civ. Prac. Law & Rules, § 217(1).) An agency determination becomes final and binding when the agency reaches “a definitive position that inflicts actual, concrete injury… [which] may not be prevented or significantly ameliorated by further administrative action or by steps available to the complaining party.” (Matter of City of New York (Grand Lafayette Props. LLC) (2006) 6 N.Y.3d 540, 547-548.)

“[A] notice of petition, together with the petition and affidavits specified in the notice, shall be served on any adverse party at least twenty days before the time at which the petition is noticed to be heard. An answer and supporting affidavits, if any, shall be served at least five days before such time. A reply, together with supporting affidavits, if any, shall be served at least one day before such time.” (Civ. Prac. Law & Rules, § 7804(c).)