Pell v. Board of Education (34 N.Y.2d 222, 1974)

Stevens, J.

In separate article 78 proceedings each of the appellants seeks review of actions taken by the respective Appellate Divisions in matters affecting the discipline of public employees. In recent years there has been inadequate understanding and undoubtedly some inconsistency in judicial review of administrative disciplinary determinations. For that reason it may be useful to restate some applicable principles.

The source of the jurisdiction of the Court of Appeals is the Constitution of the State of New York (N. Y. Const., art. VI, § .3), which with certain exceptions limits the court’s power to the review of questions of law. For the purposes of any judicial review of administrative action, the statutes also limit the scope of review in the Supreme Court or in this court to questions of law and. the extent of the sanction imposed (CPLR 7803).

In article 78 proceedings, “ the doctrine is well settled, that neither the Appellate Division nor the Court of Appeals has power to upset the determination of an administrative tribunal on a question of fact; * * * * the courts have no right to review the facts generally as to weight of evidence, beyond seeing to it that there is “ substantial evidence.” ’ ” (Cohen and Karger, Powers of the New York Court of Appeals, § 108, p. 460; 1 N. Y. Jur., Administrative Law, §§ 177,185; see Matter of Halloran v. Kirwan, 28 N Y 2d 689, 690 [dissenting opn. of Breitel, J.]).