New York Court of Appeals
In the Matter of New York City Department of Environmental Protection v. New York City Civil Service Commission
September 12, 199178 N.Y.2d 318
Summary
The New York Court of Appeals held that the Civil Service Commission's determination under section 76(3) of the Civil Service Law is not subject to judicial review, affirming the Appellate Division's dismissal of the article 78 proceeding. The Court explained that review is limited to cases where the agency acted illegally, unconstitutionally, or beyond its statutory authority.