Provisions
VI.27 proposed for 1939 • Appeals from administrative adjudication.
REJECTED
The Text
Whoever is aggrieved by a decision, order or other determination made in the exercise of a judicial or quasi-judicial function by any administrative officer, board, commission, department, agency, tribunal or other body, whether acting under the authority of the state or of any of its municipal corporations or other civil divisions, shall be entitled to a judicial review thereof, upon both the law and the facts, in a proceeding in the supreme court, which, if it shall find any such decision, order or other determination to be contrary to the evidence, or not supported by the facts, may direct a reconsideration or a new hearing of the matter by the administrative officer, board, commission, department, agency, tribunal or other body whose decision, order or other determination is under review, except that in cases of assessments for purposes of taxation or for the revision or refund of a tax, or of determinations involving compensation or death benefits to be paid in accordance with provisions of workmen’s compensation laws, or involving care of or payments or benefits to or in aid of the aged, sick or needy or the administration of laws and regulations for protection of the public health, or involving the administration of the educational system of the state, such review shall be only in the manner and to the extent now or hereafter provided by law. This section shall not apply to the review of a judgment or order rendered by a court or judge.
A Few Facts
• Has 246 words
• Was proposed by the Constitutional Convention
• Went to NYS voters as proposed amendment 5 of 1938
If New Yorkers voted to approve this provision, it would have:
• Joined the Constitution in 1939
• Been in Article VI: Judiciary
• Been a new addition
Credits
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