Appellate Division, First Department · October 1, 2026 · 2026 NY Slip Op 05592
Matter of Aberbach v New York State Dept. of Corr. & Community Supervision
Read the official decision: 2026 NY Slip Op 05592
Holding The court affirmed the denial of the petitioner’s motion to vacate a DOCCS determination, holding that judicial review of agency action following remittal is available only through a new Article 78 proceeding. The court rejected the argument that the original proceeding could be used to review new agency action taken after remittal.
The court’s words
judicial review of DOCCS's determination following remittal was available only through a new article 78 proceeding
2026 NY Slip Op 05592, at the official text
that the matter was remitted to a state agency does not permit review within the same article 78 proceeding
2026 NY Slip Op 05592, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 1, 2026 |
| Citation | 2026 NY Slip Op 05592 |
| Area of law | Administrative Law |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05592 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 748 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Aberbach v New York State Dept. of Corr. & Community Supervision, 2026 NY Slip Op 05592 (Appellate Division, First Department, October 1, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05592/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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