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MATTER OF DICAIRANO v. GANDOLFO

Appellate Division of the Supreme Court of New York, Second Department.
Feb 28, 1994

It is well settled that in a proceeding pursuant to CPLR article 78 to review a determination of an administrative board, the board's determination must be upheld if it is based on substantial evidence (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436). "Substantial evidence is such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact" (Matter of Hal v. Del Castillo, 174 A.D.2d 743; see, Matter of Berenhaus v. Ward, supra). Here, we find that the board's determination was based upon substantial evidence. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.