Opinion
February 2, 1998
Appeal from the the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the judgment is affirmed, with costs.
We agree with the Supreme Court that the appellant's determination finding the petitioner ineligible for retroactive membership in the New York State Teachers' Retirement System was arbitrary and capricious and without a rational basis ( see, Matter of Scanlan v. Buffalo Pub. School Sys., 90 N.Y.2d 662). We note that we have not considered the alternative grounds for reversal advanced by the appellant school district which were not invoked by it in rendering its determination ( see, Matter of Aronsky v. Board of Educ., 75 N.Y.2d 997, 1000-1001).
Bracken, J.P., O'Brien, Thompson and Altman, JJ., concur.