What is meant by the 'scope of review' in Article 78?

What is meant by the 'scope of review' in Article 78?

• A. The range of issues a court may decide, including law, procedures, and the sufficiency of the administrative record, but not reweighing discretionary judgments.
• B. The agency's internal review procedure
• C. The scope of FOIL exemptions
• D. The standards for appellate review

Answer: (A)

Scope of review under Article 78 means what a court may examine when reviewing an agency decision: legal issues, whether the agency followed proper procedures, and whether the administrative record supports the decision. The court does not reweigh the agency’s discretionary judgments or substitute its own view of the facts for the agency’s, unless the decision is irrational, illegal, or not supported by the record. This framework protects both the authority of agencies in making policy choices and the need for judicial oversight to ensure legality and fairness. The other options miscast what Article 78 review covers, focusing on internal procedures, FOIL exemptions, or general appellate standards instead of the specific scope of review allowed in Article 78.

Scope of review under Article 78 means what a court may examine when reviewing an agency decision: legal issues, whether the agency followed proper procedures, and whether the administrative record supports the decision. The court does not reweigh the agency’s discretionary judgments or substitute its own view of the facts for the agency’s, unless the decision is irrational, illegal, or not supported by the record. This framework protects both the authority of agencies in making policy choices and the need for judicial oversight to ensure legality and fairness. The other options miscast what Article 78 review covers, focusing on internal procedures, FOIL exemptions, or general appellate standards instead of the specific scope of review allowed in Article 78.