Opinion
June 1, 1998
Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).
Ordered that the cross appeal is dismissed, as the petitioners are not aggrieved by any portion of the judgment (see, CPLR 5511); and it is further,
Ordered that the judgment is reversed, on the law, the petition is denied, and the proceeding is dismissed; and it is further,
Ordered that the appellants-respondents are awarded one bill of costs.
Inasmuch as the determination to expel the petitioner from the Hackley School because of his repeated, unauthorized use of the school telephone over an extended period of time in violation of certain provisions in the school handbook "'was based upon the exercise of honest discretion after a full review of the operative facts, it was neither arbitrary nor capricious so as to warrant judicial intervention'" (Matter of Mitchell v. New York Med. Coll., 208 A.D.2d 929, 930, quoting Matter of Galiani v. Hofstra Univ., 118 A.D.2d 572; see, Matter of Carr v. St. John's Univ., 17 A.D.2d 632, 634, affd 12 N.Y.2d 802). Accordingly, the petition must be denied and the proceeding dismissed.
Ritter, J. P., Thompson, Altman and McGinity, JJ., concur.