New York Court of Appeals
In the Matter of Muhammad Azam Khan v. New York State Department of Health
July 2, 200196 N.Y.2d 879
Summary
The New York Court of Appeals held that the Appellate Division lacked authority to consider an unpreserved issue under the interest‑of‑justice jurisdiction when reviewing an administrative determination pursuant to CPLR article 78. Accordingly, the Court reversed the Appellate Division’s order and remanded for further proceedings limited to questions of law.