Foley v. Board of Education

Appellate Division of the Supreme Court of New York

Foley v. Board of Education

48 A.D.2d 896, 369 N.Y.S.2d 498, 1975 N.Y. App. Div. LEXIS 10159

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

DecidedJune 23, 1975

StatusPublished

This text of 48 A.D.2d 896 (Foley 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

Foley v. Board of Education, 48 A.D.2d 896, 369 N.Y.S.2d 498, 1975 N.Y. App. Div. LEXIS 10159 (N.Y. Ct. App. 1975).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of respondent Chancellor of the Board of Education of the City of New York, dated January 28, 1972, which, after a hearing, dismissed petitioner’s administrative appeal from an unsatisfactory rating and sustained the rating, petitioner appeals from a judgment of the Supreme Court, Kings County, entered October 6, 1972, which denied the application and dismissed the petition. Judgment affirmed, without costs. Special Term erred in stating that the hearing pursuant to section 105a of the by-laws of the Board of Education of the City of New York, before the Chancellor’s committee, to review petitioner’s unsatisfactory rating, was administrative and internal in nature, and therefore not subject to judicial review. However, we have reviewed the entire record and find that the Chancellor’s determination was based on substantial evidence. Hopkins, Acting P. J., Martuscello, Christ, Munder and Shapiro, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of respondent Chancellor of the Board of Education of the City of New York, dated January 28, 1972, which, after a hearing, dismissed petitioner’s administrative appeal from an unsatisfactory rating and sustained the rating, petitioner appeals from a judgment of the Supreme Court, Kings County, entered October 6, 1972, which denied the application and dismissed the petition. Judgment affirmed, without costs. Special Term erred in stating that the hearing pursuant to section 105a of the by-laws of the Board of Education of the City of New York, before the Chancellor’s committee, to review petitioner’s unsatisfactory rating, was administrative and internal in nature, and therefore not subject to judicial review. However, we have reviewed the entire record and find that the Chancellor’s determination was based on substantial evidence. Hopkins, Acting P. J., Martuscello, Christ, Munder and Shapiro, JJ., concur.

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Bluebook (online)

48 A.D.2d 896, 369 N.Y.S.2d 498, 1975 N.Y. App. Div. LEXIS 10159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foley-v-board-of-education-nyappdiv-1975.