Plaza Realty Investors v. New York City Conciliation & Appeals Board

Majority

p. 704

In the Matter of Plaza Realty Investors et al., Appellants, v New York City Conciliation and Appeals Board et al., Respondents.

The determination of the New York City Conciliation and Appeals Board (CAB) has a rational basis in the record and, therefore, was properly confirmed (Matter of Korein v Conciliation & Appeals Bd., 57 NY2d 938 ; Fresh Meadows Assoc. v Conciliation & Appeals Bd., 88 Misc 2d 1003 , affd 55 AD2d 559 , affd 42 NY2d 925 ). Moreover, as Special Term correctly noted, judicial review of an administrative determination is limited to the record adduced before the agency (Matter of Fanelli v New York City Conciliation & Appeals Bd., 58 NY2d 952 , affg 90 AD2d 756 on mem at App Div; People ex rel. Martinez v Walters, 99 AD2d 476 , appeal dismissed 63 NY2d 727 ; Matter of Celestial Food Corp. v New York State Liq. Auth., 99 AD2d 25 , 27). Nor was there any due process violation in the CAB’s failure to conduct an evidentiary hearing (see, Matter of RHS Realty Co. v Conciliation & Appeals Bd., 101 AD2d 756 ). Titone, J. P., Bracken, Rubin and Lawrence, JJ., concur.

Cases cited

Korein v. Conciliation & Appeals Board 57 NY2d 938 N.Y. 1982-10-21 p. 704
Fresh Meadows Associates v. Conciliation & Appeals Board 88 Misc 2d 1003 N.Y. Sup. Ct. 1976-04-07 p. 704
Fresh Meadows Associates v. New York City Conciliation & Appeals Board 55 AD2d 559 N.Y. App. Div. 1976-12-21 p. 704
Fresh Meadows Associates v. New York City Conciliation & Appeals Board 42 NY2d 925 N.Y. 1977-06-30 p. 704
Fanelli v. New York City Conciliation & Appeals Board 58 NY2d 952 N.Y. 1983-02-23 p. 704
People ex rel. Martinez v. Walters 63 NY2d 727 N.Y. 1984-09-11 p. 704
Celestial Food Corp. of Coram, Inc. v. New York State Liquor Authority 99 AD2d 25 N.Y. App. Div. 1984-02-06 at 27 p. 704