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This entry was published on 2014-09-22
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Questions raised
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 78
§ 7803. Questions raised. The only questions that may be raised in a
proceeding under this article are:

1. whether the body or officer failed to perform a duty enjoined upon
it by law; or

2. whether the body or officer proceeded, is proceeding or is about to
proceed without or in excess of jurisdiction; or

3. whether a determination was made in violation of lawful procedure,
was affected by an error of law or was arbitrary and capricious or an
abuse of discretion, including abuse of discretion as to the measure or
mode of penalty or discipline imposed; or

4. whether a determination made as a result of a hearing held, and at
which evidence was taken, pursuant to direction by law is, on the entire
record, supported by substantial evidence.

5. A proceeding to review the final determination or order of the
state review officer pursuant to subdivision three of section forty-four
hundred four of the education law shall be brought pursuant to article
four of this chapter and such subdivision; provided, however, that the
provisions of this article shall not apply to any proceeding commenced
on or after the effective date of this subdivision.