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MATTER OF BALL v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

35 A.D.3d 732 (2006)

826 N.Y.S.2d 698

In the Matter of THOMAS BALL et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 19, 2006.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Where, as here, an administrative agency takes action without an evidentiary hearing, the standard of review is not whether there was substantial evidence in support of the determination (see CPLR 7803 [4]), but rather, whether the determination had a rational basis, and was not "arbitrary and capricious" (see CPLR 7803 [3...

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