New York Court of Appeals
In the Matter of Ridge Road Fire District v. Michael P. Schiano, as Hearing Officer Designated Pursuant to a…
April 5, 201116 N.Y.3d 494
Summary
The New York Court of Appeals reversed the Appellate Division, holding that the hearing officer’s decision was arbitrary and capricious because the fire district’s denial of General Municipal Law § 207‑a benefits was supported by substantial evidence. The court affirmed that the proper standard of review is substantial evidence and that the district’s determination is entitled to deference. Chief Judge Lippman dissented, arguing that the hearing officer’s decision should be upheld.