Which of the following is not within the scope of review under Article 78?

• A. Determining the law
• B. Assessing the sufficiency of the record
• C. Reweighing discretionary judgments
• D. Interpreting agency regulations

Answer: (C)

The key idea is what aspects of an agency decision the courts can review under Article 78. Under Article 78, the court can check that the agency correctly applied the law, followed proper procedures, and that the record reasonably supports the outcome (including interpreting regulations and weighing evidence to some extent). But the court does not substitute its own judgment for the agency’s when the matter involves discretionary or policy-based decisions. In other words, the court won’t reweigh the agency’s discretionary judgments or second-guess the agency’s credibility determinations or balancing of facts. That’s why reweighing discretionary judgments is not within the scope of Article 78 review.

Determinings the law, interpreting agency regulations, and assessing the sufficiency of the record all fall within review because they involve how the agency applied legal rules, how it interpreted its regulations, and whether the record provides a rational basis for its decision.