New York Court of Appeals March 22, 2001 (Kelly v. Safir)

OPINION OF THE COURT

Wesley, J.

These CPLR article 78 proceedings present the Court with the same issue: whether the Appellate Division erred in its application of the principles governing judicial review of administrative penalties as enunciated by this Court in

Matter of Pell v Board of Educ.

(34 NY2d 222). We conclude that it did.