Silberfarb v. Board of Cooperative Educational Services

N.Y.

Court: New York Court of Appeals

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

Decision Date: 12/1/1983

Jurisdiction: NY

Bluebook Citation: Silberfarb v. Board of Cooperative Educational Services, 60 N.Y.2d 979, 471 N.Y.S.2d 257, 459 N.E.2d 482, 1983 N.Y. LEXIS 3594 (1983)

More Cases: N.Y. decisions from 1983


Citation analytics

How this case sits in the citation network, derived from CiteLaw's graph of published opinions.

★Highly CitedTop 4% most-cited · cited by 67 decisions
67
Citing decisions
2
Authorities cited
2
Courts citing

Citations by decade

16
30
16
5
1980s1990s2000s2010s

Courts citing this case

N.Y. App. Div.66
N.Y.1
Most recently cited by10
  • 2013Cohn Chemung Properties, Inc. v. Town of Southport N.Y. App. Div.
  • 2012Arthur v. Soares N.Y. App. Div.
  • 2011Melzer v. New York State Department of Motor Vehicles N.Y. App. Div.
  • 2011Domb v. Cestero N.Y. App. Div.
  • 2011Ojofeitimi v. New York State Office of Children & Family Services N.Y. App. Div.
  • 2009Levi v. Lauro N.Y. App. Div.
  • 2009Penderleith v. Lake-Land Central School District N.Y. App. Div.
  • 2006Verdell v. Lincoln Amsterdam House, Inc. N.Y. App. Div.
  • 2006Duda v. Board of Education of Uniondale Union Free School District N.Y. App. Div.
  • 2005Shorts Bar of Rochester Inc. v. New York State Liquor Authority N.Y. App. Div.
Cites 2 cases

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Opinion

In the Matter of Rose Silberfarb, Respondent, v Board of Cooperative Educational Services, Third Supervisory District, Suffolk County, Appellant.

Attorneys

  • APPEARANCES OF COUNSEL
  • Warren H. Richmond, III, for appellant.
  • Lester B. Lipkind for respondent.
majority

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.

On 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.

Chat with this case using AI

Ask CiteLaw's AI Navigator anything about this case, check whether it is still good law, and see every case that cites it. Sign up for CiteLaw free today to get started.