New York Court of Appeals
State Office of Drug Abuse Services, Respondents v. State Human Rights Appeal Board, Respondent, and James…
November 15, 197948 N.Y.2d 276
Summary
The Court held that section 298 of the Executive Law permits judicial review of any order of the State Human Rights Appeal Board, including nonfinal orders, and that the Board exceeded its authority by overturning the Division’s finding of no probable cause because its decision was not supported by substantial evidence and was arbitrary and capricious. The Appellate Division’s reversal of the Board was affirmed.