Venes v. Community School Board

In Venes v. Community School Board, 43 N.Y.2d 520 [1978], the court held the administrative agency in that case lacked any adjudicative or judicial qualities and thus any decisions that agency offered would not be barred under the doctrine of collateral estoppel. Significantly, the agency in Venes did not decide any facts, did not conduct a hearing and did not afford an opportunity for the aggrieved party to present any contrary evidence. That agency, concluded the court, did not act in an adjudicative role at all. It merely exercised it's executive powers under the governing statute and acted pursuant to that statute. The court noted it would be "illogical" to bar relitigation of an issue where the first determination lacks the judicial or adversarial tenor which has developed under our common system of justice.