Matter of Spry v. Delaware County

In Matter of Spry v. Delaware County, 253 A.D.2d 178, the Court held that a petition in a certiorari to review must only allege that the challenged administrative determination is not supported by substantial evidence and does not need to allege evidentiary facts in support of the claim. (Matter of Spry, supra, 253 A.D.2d at 182.) Indeed, the Court recognized the inherent problem with applying the pleading requirements of CPLR 3013 to a proceeding seeking certiorari to review: "the simple fact is that a certiorari proceeding is more akin to an appeal than to an action or proceeding and really has no elements as such .... Assuming that the challenged determination was judicial or quasi-judicial in nature and made on the basis of a hearing at which evidence was taken pursuant to direction by law ... an aggrieved party is entitled to have the Appellate Division test the legal sufficiency of the evidence relied upon by the agency by simply requesting that it do so. It would therefore appear that an effort to ascertain the elements of a certiorari proceeding is about as fruitful as attempting to delineate the elements of a notice of appeal." (Matter of Spry, 253 A.D.2d at 181). While the Court reversed the lower court's dismissal of the proceeding on CPLR 3013 grounds, the Court nevertheless cautioned petitioner that "following transfer of the proceeding to this Court, petitioner will be required to file a brief setting forth, at minimum, the specific findings that are being challenged and, as to each, the manner in which the evidence relied upon by the Hearing Officer was deficient or identifying other hearing evidence that would have supported a contrary finding, together with a statement as to why that evidence should have been credited by the Hearing Officer. Failure to do so will be deemed an abandonment of the issue." (Matter of Spry, 253 A.D.2d at 181).