At least in my experience, I rarely see an Appellate Division decision holding within the context of a CPLR article 78 proceeding that an administrative law judge was irrational or abused his or her discretion.  My former colleague successfully argued Matter of Pearlman v. Mills at the Third Department,  where the ALJ held that the petitioner was untimely where he filed his request for a hearing on the 31st day of a 30-day time limit.  Petitioner was seeking a hearing as to his moral character before revoking his teaching and administrator certificates.  The Court held that the Commisioner of Education had discretion to accept a request for a hearing beyond the 30-day time limit and, therefore, the ALJ’s determination that the time limit was an unsurmountable limitations time period was irrational.