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Gundrum ex rel. Gundrum v. Ambach

433 N.E.2d 531, 55 N.Y.2d 872, 448 N.Y.S.2d 466, 1982 N.Y. LEXIS 3544
CourtNew York Court of Appeals
DecidedJanuary 19, 1982
StatusPublished
Cited by19 cases

This text of 433 N.E.2d 531 (Gundrum ex rel. Gundrum v. Ambach) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gundrum ex rel. Gundrum v. Ambach, 433 N.E.2d 531, 55 N.Y.2d 872, 448 N.Y.S.2d 466, 1982 N.Y. LEXIS 3544 (N.Y. 1982).

Opinion

OPINION OF THE COURT

On summary consideration, order reversed, with costs, and the petition dismissed. Although petitioner was entitled to review the determination of the board either by appeal to the Commissioner of Education or by a special proceeding under CPLR article 78, he chose to appeal to the commissioner rather than resort to the courts in the first instance. Accordingly, the sole question on this appeal is whether the commissioner’s determination was arbitrary and capricious (Matter of Strongin v Nyquist, 44 NY2d 943); the rationality of the determination by the board is not the focus for appellate review. Applying the proper standard, it cannot be said as a matter of law that the determination of the Commissioner of Education was without a rational basis.

[874]*874Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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Bluebook (online)
433 N.E.2d 531, 55 N.Y.2d 872, 448 N.Y.S.2d 466, 1982 N.Y. LEXIS 3544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gundrum-ex-rel-gundrum-v-ambach-ny-1982.