From Casetext: Smarter Legal Research

Derene v. Bd. of Educ, Bedford Cent. Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1980
77 A.D.2d 936 (N.Y. App. Div. 1980)

Opinion

August 19, 1980


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 Pub. Off. of the Public Officers Law, petitioner failed to establish good cause for setting aside their determinations (see Matter of New York Univ. v. Whalen, 46 N.Y.2d 734). Moreover, there was a rational basis for said determinations (see Corliss v. Solomon, 75 A.D.2d 837). Therefore, the proceeding was properly dismissed. Hopkins, J.P., Lazer, Rabin, Margett and Martuscello, JJ., concur.


Summaries of

Derene v. Bd. of Educ, Bedford Cent. Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1980
77 A.D.2d 936 (N.Y. App. Div. 1980)
Case details for

Derene v. Bd. of Educ, Bedford Cent. Sch. Dist

Case Details

Full title:ROBERT DERENE, Appellant, v. BOARD OF EDUCATION OF THE BEDFORD CENTRAL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 19, 1980

Citations

77 A.D.2d 936 (N.Y. App. Div. 1980)