Opinion
August 23, 1999.
Appeal from the Supreme Court, Nassau County (Winick, J.).
Ordered that on the court's own motion, the appellants' notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted ( see, CPLR 5701 [c]; and it is further,
Ordered that the order is affirmed, with costs.
The Supreme Court properly found that the appellants' determination denying the petitioner tenure based upon his failure to attain his Master's degree in a timely manner was arbitrary and capricious ( cf., Matter of Harrison v. Goldstein, 204 A.D.2d 451, citing Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Further, the Supreme Court properly found that there was no evidentiary support to substantiate the appellants' claim that the denial of tenure was based upon a lack of commitment on the part of the petitioner, and that denial of tenure on this basis also was arbitrary and capricious ( cf., Matter of Harrison v. Goldstein, supra, citing Matter of Pell v. Board of Educ., supra).
The Supreme Court properly directed that the matter he remitted to the appellants for further review of the tenure application ( see, New York Inst. of Technology v. State Div. of Human Rights, 40 N.Y.2d 316, 325-326; Matter of Bennett v. Wells Coll., 219 A.D.2d 352; Matter of Leibowitz v. State Univ., 85 A.D.2d 293, 295).
Ritter, J. P., Thompson, Altman and Friedmann, JJ., concur.