Derene v. Board of Education

Appellate Division of the Supreme Court of New York

Derene v. Board of Education

77 A.D.2d 936, 432 N.Y.S.2d 1017, 1980 N.Y. App. Div. LEXIS 12727

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 19, 1980

StatusPublished

This text of 77 A.D.2d 936 (Derene v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Derene v. Board of Education, 77 A.D.2d 936, 432 N.Y.S.2d 1017, 1980 N.Y. App. Div. LEXIS 12727 (N.Y. Ct. App. 1980).

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Opinion

In a proceeding pursuant to CPLR article 78 to review two determinations of the respondents which, inter alia, ordered the closing of an elementary school, petitioner appeals from a judgment of the Supreme Court, Westchester County, entered June 27, 1980, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. Assuming; arguendo, that respondents violated section 98 [937]*937of the Public Officers Law, petitioner failed to establish good cause for setting aside their determinations (see Matter of New York Univ. v Whalen, 46 NY2d 734). Moreover, there was a rational basis for said determinations (see Corliss v Solomon, 75 AD2d 837). Therefore, the proceeding was properly dismissed. Hopkins, J. P., Lazer, Rabin, Margett and Martuscello, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review two determinations of the respondents which, inter alia, ordered the closing of an elementary school, petitioner appeals from a judgment of the Supreme Court, Westchester County, entered June 27, 1980, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. Assuming; arguendo, that respondents violated section 98 [937]*937of the Public Officers Law, petitioner failed to establish good cause for setting aside their determinations (see Matter of New York Univ. v Whalen, 46 NY2d 734). Moreover, there was a rational basis for said determinations (see Corliss v Solomon, 75 AD2d 837). Therefore, the proceeding was properly dismissed. Hopkins, J. P., Lazer, Rabin, Margett and Martuscello, JJ., concur.

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Bluebook (online)

77 A.D.2d 936, 432 N.Y.S.2d 1017, 1980 N.Y. App. Div. LEXIS 12727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derene-v-board-of-education-nyappdiv-1980.

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