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DeLia v. Board of Education

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 295 (N.Y. App. Div. 1995)

Opinion

June 5, 1995

Appeal from the Supreme Court, Kings County (Vinik, J.).


Ordered that the judgment is reversed, on the law, with costs, and the proceeding is dismissed on the merits.

Upon our review of the record, we find that the evidence offered at the hearing supported the findings of the Chancellor of the City School District of the City of New York (hereinafter the Chancellor), and therefore the determination was not arbitrary and capricious (see, Matter of Chauvel v. Nyquist, 43 N.Y.2d 48). Accordingly, the Supreme Court erred in weighing the evidence and substituting its judgment for that of the Chancellor (see, Matter of Strongin v. Nyquist, 44 N.Y.2d 943, cert denied 440 U.S. 901).

In light of our determination we need not reach the other issues raised by the appellants. Sullivan, J.P., Rosenblatt, O'Brien and Thompson, JJ., concur.


Summaries of

DeLia v. Board of Education

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 295 (N.Y. App. Div. 1995)
Case details for

DeLia v. Board of Education

Case Details

Full title:In the Matter of RALPH DeLIA, Respondent, v. BOARD OF EDUCATION OF THE…

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

Date published: Jun 5, 1995

Citations

216 A.D.2d 295 (N.Y. App. Div. 1995)
627 N.Y.S.2d 447