Opinion
June 26, 1989
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the judgment is affirmed, with costs.
The examination taken by the petitioner consists of both a written portion and an oral interview. In order to receive a passing grade an applicant is required to receive a minimum score of 50% on each portion of the examination. The petitioner received a grade of 40.1% on the written portion of the examination and 33% on the interview. We agree with the Supreme Court's determination that the petitioner has failed to establish that his receipt of a failing grade on the oral portion of his examination was the result of arbitrary and capricious conduct on the part of the Board of Examiners (see, Matter of Oback v Nadel, 57 N.Y.2d 620; Matter of Acosta v. Lang, 13 N.Y.2d 1079; Matter of Sloat v. Board of Examiners, 274 N.Y. 367; see also, Shelton v. Costelloe, 129 A.D.2d 631). Thus, this proceeding was properly dismissed.
In light of the foregoing, we need not reach the petitioner's remaining contentions. Brown, J.P., Kunzeman, Eiber and Kooper, JJ., concur.