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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
CourtAppellate Division, First Department
DecidedOctober 1, 2026
Citation2026 NY Slip Op 05592
Area of lawAdministrative Law
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05592
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id748

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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Published October 1, 2026. Updated October 1, 2026.