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Sullivan v. Board of Commissioners of Pilots

54 A.D.2d 580 Court N.Y. App. Div. Decision date 1976-09-27 English

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p. 580
In the Matter of Daniel J. Sullivan, Petitioner, v Board of Commissioners of Pilots of the State of New York et al., Respondents.

Proceeding pursuant to CPLR article 78 inter alia to review a determination of the respondent Board of Commissioners of Pilots which, after a hearing, refused to accept petitioner’s application for registration as a Hudson River pilot apprentice. Determination confirmed and proceeding dismissed on the merits, with costs. The reasons for the refusal to register petitioner as a Hudson River pilot apprentice (see Navigation Law, § 91-a, and the rules promulgated thereunder) are supported by substantial evidence and are neither arbitrary nor capricious. Further, the review of petitioner’s application undertaken by the board of commissioners, including a hearing at which petitioner’s attorney was present, providing petitioner with the

p. 581
minutes taken thereat and a decision detailing the data evaluated, obviates petitioner’s claim that he was denied due process. Hopkins, Acting P. J., Martuscello, Cohalan, Damiani and Shapiro, JJ., concur.

Statutes and regulations cited