New York Court of Appeals, 1983

Silberfarb v. Board of Cooperative Educational Services

New York Court of Appeals · Decided December 1, 1983

60 N.Y.2d 979; 459 N.E.2d 482; 471 N.Y.S.2d 257; 1983 N.Y. LEXIS 3594

Cases that cite this one

70 later published cases cite this decision. The 25 that cite it most often are listed here.

Faber v. Merrifield (Appellate Division of the Supreme Court of New York 2004)
Jennings v. MENTAL HEALTH OFF (N.Y. 1997)
Jones v. Hudacs (Appellate Division of the Supreme Court of New York 1995)
Almo v. Shaffer (Appellate Division of the Supreme Court of New York 1989)
Cohn Chemung Properties, Inc. v. Town of Southport (Appellate Division of the Supreme Court of New York 2013)
Cohn Chemung Properties, Inc. v. Town of Southport (Appellate Division of the Supreme Court of New York 2013)
Arthur v. Soares (Appellate Division of the Supreme Court of New York 2012)
Melzer v. New York State Department of Motor Vehicles (Appellate Division of the Supreme Court of New York 2011)
Domb v. Cestero (Appellate Division of the Supreme Court of New York 2011)
Ojofeitimi v. New York State Office of Children & Family Services (Appellate Division of the Supreme Court of New York 2011)
Levi v. Lauro (Appellate Division of the Supreme Court of New York 2009)
Penderleith v. Lake-Land Central School District (Appellate Division of the Supreme Court of New York 2009)
Verdell v. Lincoln Amsterdam House, Inc. (Appellate Division of the Supreme Court of New York 2006)
Duda v. Board of Education of Uniondale Union Free School District (Appellate Division of the Supreme Court of New York 2006)
Shorts Bar of Rochester Inc. v. New York State Liquor Authority (Appellate Division of the Supreme Court of New York 2005)
Mokszycki v. McMahon (Appellate Division of the Supreme Court of New York 2004)
Lauria v. County of Dutchess (Appellate Division of the Supreme Court of New York 2003)
Massaria v. Betschen (Appellate Division of the Supreme Court of New York 2002)
Blaylock v. Goord (Appellate Division of the Supreme Court of New York 2002)
Scharf v. Levittown Union Free School District (Appellate Division of the Supreme Court of New York 2002)
Tyler v. New York State Commissioner of Motor Vehicles (Appellate Division of the Supreme Court of New York 2001)
D'Ambrosio v. Suffolk County Department of Social Services (Appellate Division of the Supreme Court of New York 2001)
Somma v. Jackson (Appellate Division of the Supreme Court of New York 2000)
Jackson v. McMahon (Appellate Division of the Supreme Court of New York 2000)
Olsen v. Suffolk County Police Department (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed, with costs, and the matter remitted to that court for consideration of the appropriate penalty.

Judicial review of administrative determinations made as the result of a hearing required by law is limited to a consideration of whether that resolution is supported by substantial evidence (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181). Notwithstanding petitioner’s testimony that her dismissal was motivated by bad faith on the part of her supervisor, the supervisor’s testimony of her poor job performance and insubordination and the exhibits of her work provided substantial evidence to support the charges leading to her dismissal. It was for the board to weigh the conflicting evidence of motive and assess the credibility of the witnesses, not the Appellate Division (Matter of Stork Rest. v Boland, 282 NY 256, 267). It was also within the board’s competence to determine whether the evidence established dereliction sufficient to support the charge of poor job performance.

Finally, as to the penalty imposed, the matter is remitted to the Appellate Division for its consideration.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

*982On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), judgment reversed, with costs, and matter remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.