N.Y. CPLR § 7803

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7803 Questions raised § 7803. Questions raised. The only questions that may be raised in aproceeding under this article are:1. whether the body or officer failed to perform a duty enjoined uponit by law; or2. whether the body or officer proceeded, is proceeding or is about toproceed without or in excess of jurisdiction; or3. whether a determination was made in violation of lawful procedure,was affected by an error of law or was arbitrary and capricious or anabuse of discretion, including abuse of discretion as to the measure ormode of penalty or discipline imposed; or4. whether a determination made as a result of a hearing held, and atwhich evidence was taken, pursuant to direction by law is, on the entirerecord, supported by substantial evidence.5. A proceeding to review the final determination or order of thestate review officer pursuant to subdivision three of section forty-fourhundred four of the education law shall be brought pursuant to articlefour of this chapter and such subdivision; provided, however, that theprovisions of this article shall not apply to any proceeding commencedon or after the effective date of this subdivision.