Matter of Raffa v. Bova-Hiatt

Summary

The Appellate Division, Second Department, affirmed a judgment denying a CPLR article 78 petition challenging the Governor's Office of Storm Recovery's determination that the petitioner was ineligible for New York Rising Housing Recovery Program funds. The court held that the Supreme Court properly permitted supplementation of the administrative record and that the agency's determination had a rational basis and was not arbitrary and capricious.

Holdings

1. The Supreme Court properly exercised its discretion in permitting the respondent to supplement the administrative record with three exhibits because the agency had, in effect, relied on those records in making its determination.
2. The Governor's Office of Storm Recovery's determination had a rational basis in the record and was not arbitrary and capricious.

Questions Presented

1. Whether the Supreme Court properly exercised its discretion under CPLR 405(a) to permit supplementation of the administrative record with exhibits from the petitioner's related insurance litigation.
2. Whether the Governor's Office of Storm Recovery's determination that Raffa was ineligible for program assistance was arbitrary and capricious or lacked a rational basis.

Disposition

affirmed