A broker's license was revoked by the New York DOS following a formal disciplinary hearing for fraudulent practices. The broker intends to challenge the determination in court. Under CPLR Article 78, within what time period must the proceeding be commenced, and what standard of review will the court apply?
Correct Answer
A) 4 months; the court will review whether the DOS decision was supported by substantial evidence in the administrative record
Under CPLR §217, an Article 78 proceeding must be commenced within 4 months (120 days) of the final administrative determination. Because a formal hearing was held, the applicable standard of review is 'substantial evidence' under CPLR §7803(4) — the court asks whether the agency's determination was supported by substantial evidence on the record as a whole, not whether it would have reached the same conclusion.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Ny License Law Dos Regulations Question
Background Knowledge for Ny License Law Dos Regulations
Real World Application in Ny License Law Dos Regulations
Common Mistakes to Avoid on Ny License Law Dos Regulations Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
Wetlands protection refers to federal and state regulations that restrict development on wetlands — areas where water covers the soil or is near the surface for part of the year. The primary federal authority is the Clean Water Act enforced by the Army Corps of Engineers.
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
More Ny License Law Dos Regulations Questions
In New York, what is the minimum age requirement to obtain a real estate salesperson license?
For the New York salesperson exam under Mortgage Brokerage, a licensed New York real estate salesperson wants to charge a buyer a separate fee to help complete mortgage applications and negotiate loan terms with lenders. What is the best answer?
A real estate school in New York wants to offer continuing education courses for license renewal. What role does DOS play in regulating these educational programs?
What is the primary purpose of DOS's regulatory authority over real estate licensees in New York?
How many hours of approved pre-licensing education must a person complete before taking the New York real estate salesperson examination?
- → Under New York Department of State fee schedules, what is the fee required to sit for the real estate salesperson licensing examination?
- → Broker Martinez holds an active NY broker license and operates a principal office. She opens a branch office managed day-to-day by Associate Broker Thompson. A competing broker claims Martinez is violating DOS regulations because the branch office lacks proper licensing. Which of the following best evaluates this claim?
- → A prospective salesperson candidate completed portions of the required 77-hour pre-licensing curriculum at two separate DOS-approved real estate schools. Under NY DOS regulations, which statement best describes the candidate's examination eligibility?
- → Amanda completed her 77-hour pre-licensing course in January 2024. She is now ready to take her exam in March 2026. Is her education still valid?
- → A salesperson has completed 20 of the required 22.5 hours of continuing education before her license renewal deadline. Which of the following would satisfy her remaining 2.5-hour requirement?
- → A New York salesperson wants to open an independent brokerage office without associating with a sponsoring broker. Which licensing distinction determines whether that is permitted?
- → A New York broker receives client money that must be held separately from the broker's own operating funds. What type of account must the broker use under the DOS rule?
- → A New York applicant is selecting a path to complete the 77-hour pre-licensing requirement. Which listed method is not acceptable under New York law?
- → Maria, a New York real estate salesperson, received her license in January 2024. Her license is set to expire in January 2026. She has completed 18 hours of continuing education courses. How many additional CE hours must she complete to satisfy New York's renewal requirements?
- → Steven Garcia completed 18 hours of continuing education during 2025 and 2026. His license expires December 31, 2026. On December 20, 2026, he registers for a 6-hour course scheduled for January 10, 2027. What is his renewal status?
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Related Articles
How Many Practice Questions Should You Do Before the Real Estate Exam?
How Many Hours Should You Study for the Real Estate Exam?
How to Review Real Estate Exam Math by Checking Units Before You Trust Any Answer
Most score problems start when the setup is unclear before the calculator even matters. If you are searching for review real estate exam math check units...