Search for: "Matter of Haug v State Univ. of N.Y. at Potsdam"
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24 Aug 2023, 6:00 am
The Appellate Division opined that contrary to the Employee's contention, the record before the hearing officer contained substantial evidence to sustain the findings of misconduct and, citing Matter of Haug v State Univ. of N.Y. at Potsdam, 32 NY3d at 1046, and, contrary to the Employee's assertion, noted that "hearsay statements ... were admissible" in a Civil Service Law §75 administrative disciplinary… [read post]
24 Aug 2023, 6:00 am
The Appellate Division opined that contrary to the Employee's contention, the record before the hearing officer contained substantial evidence to sustain the findings of misconduct and, citing Matter of Haug v State Univ. of N.Y. at Potsdam, 32 NY3d at 1046, and, contrary to the Employee's assertion, noted that "hearsay statements ... were admissible" in a Civil Service Law §75 administrative disciplinary… [read post]
1 Aug 2022, 5:05 am
" Citing Matter of Haug v State Univ. of N.Y. at Potsdam, 32 NY3d 1044, the Appellate Division explained that "[T]he substantial evidence standard is a minimal standard" that is "less than a preponderance of the evidence, and demands only that a given inference is reasonable and plausible, not necessarily the most probable. [read post]
1 Aug 2022, 5:05 am
" Citing Matter of Haug v State Univ. of N.Y. at Potsdam, 32 NY3d 1044, the Appellate Division explained that "[T]he substantial evidence standard is a minimal standard" that is "less than a preponderance of the evidence, and demands only that a given inference is reasonable and plausible, not necessarily the most probable. [read post]
7 Oct 2019, 6:00 am
"In contrast the System's board-certified orthopedic surgeon conducted an independent medical examination of Trooper and after a physical examination of Trooper, a review of his medical records and consideration of Trooper's "subjective complaints" opined that Trooper is not permanently disabled or incapable of performing the duties of a state trooper.In response to Trooper's contention that the hearsay evidence contained in the report of the Retirement… [read post]
7 Oct 2019, 6:00 am
"In contrast the System's board-certified orthopedic surgeon conducted an independent medical examination of Trooper and after a physical examination of Trooper, a review of his medical records and consideration of Trooper's "subjective complaints" opined that Trooper is not permanently disabled or incapable of performing the duties of a state trooper.In response to Trooper's contention that the hearsay evidence contained in the report of the Retirement… [read post]
27 Jun 2019, 4:00 am
" Citing Matter of Haug v State Univ. of N.Y. at Potsdam, 32 NY3d 1044, the court opined that when reviewing an administrative determination rendered after a hearing that is required by law, the court's standard is whether the determination "is, on the entire record, supported by substantial evidence" which is a "minimal standard ... demand[ing] only that a given inference is reasonable and plausible, not… [read post]
15 Mar 2019, 4:00 am
As a question of substantial evidence was raised by Petitioner, the proceeding was transferred to the Appellate Division.Citing Matter of Haug v State Univ. of N.Y. at Potsdam, 32 NY3d 1044, the Appellate Division noted that the Court of Appeals had recently reviewed the principles governing judicial review of administrative determinations under the substantial evidence standard and noted that, as relevant in this action, the high… [read post]
15 Mar 2019, 4:00 am
As a question of substantial evidence was raised by Petitioner, the proceeding was transferred to the Appellate Division.Citing Matter of Haug v State Univ. of N.Y. at Potsdam, 32 NY3d 1044, the Appellate Division noted that the Court of Appeals had recently reviewed the principles governing judicial review of administrative determinations under the substantial evidence standard and noted that, as relevant in this action, the high… [read post]
19 Oct 2018, 6:00 am
If substantial evidence supports the administrative tribunal's decision, a reviewing court may not substitute its judgment for that of the tribunal Haug v State Univ. of N.Y. at Potsdam, 2018 NY Slip Op 06964, In deciding Haug v State University of New York at Potsday [Potsdam], a case involving student discipline, the Court of Appeals commented on some issues relevant to the standard of proof… [read post]
19 Oct 2018, 6:00 am
If substantial evidence supports the administrative tribunal's decision, a reviewing court may not substitute its judgment for that of the tribunal Haug v State Univ. of N.Y. at Potsdam, 2018 NY Slip Op 06964, In deciding Haug v State University of New York at Potsday [Potsdam], a case involving student discipline, the Court of Appeals commented on some issues relevant to the standard of proof… [read post]
19 Oct 2018, 6:00 am
If substantial evidence supports the administrative tribunal's decision, a reviewing court may not substitute its judgment for that of the tribunal Haug v State Univ. of N.Y. at Potsdam, 2018 NY Slip Op 06964, In deciding Haug v State University of New York at Potsday [Potsdam], a case involving student discipline, the Court of Appeals commented on some issues relevant to the standard of proof… [read post]
