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eBook details

• Title: Matter County Suffolk v. Harold R. Newman
• Author : Supreme Court of New York
• Release Date : January 20, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

DECISION & JUDGMENT The principal question to be determined is whether the record contains substantial evidence to support
the determination of the respondent New York State Public Employment Relations Board (hereinafter PERB) that the petitioner
Suffolk County (hereinafter the County) committed an improper labor practice when its Commissioner of Real Estate issued a
memorandum to employees in the Department of Real Estate, requiring those employees having real estate licenses to surrender
the licenses to the County, without the negotiation of such a term of employment with the employees' union representative. It is well established that in order to annul an administrative determination rendered after a hearing, a court must conclude
that the record lacks substantial evidence to support that determination (see, Matter of Lahey v Kelly, 71 N.Y.2d 135, 140).
"A reviewing court in passing upon this question of law * * * should review the whole record to determine whether there exists
a rational basis to support the findings upon which the agency's determination is predicated" Matter of Purdy v Kreisberg,
47 N.Y.2d 354, 358; see, CPLR 7803[4]). Where an agency's determination is supported by substantial evidence, it is beyond
judicial review, and a reviewing court may not "weigh the evidence or reject the choice made by [such agency] where the evidence
is conflicting and room for choice exists" (Matter of Collins v Codd, 38 N.Y.2d 269, 271, quoting Matter of Stork Rest. v
Boland, 282 NY 256, 267; see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444). Our scope of review is further restrained
in matters where PERB, the agency charged with implementing the fundamental policies of the Taylor Law, addresses whether
matters are subject to collective bargaining (see, Matter of Board of Educ. of City School Dist. of City of N.Y. v New York
State Pub. Employment Relations Bd., 75 N.Y.2d 660, 666). In these cases, the Board "is presumed to have developed an expertise
and judgment that requires [this court] to accept its [findings] if not unreasonable" (Matter of Inc. Vil of Lynbrook v New
York State Pub. Employment Relations Bd., 48 N.Y.2d 398, 404).

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