Opinion
Submitted March 17, 2000.
May 8, 2000.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education Hicksville Union Free School District, dated August 26, 1998, that the petitioner was ineligible to apply for a 1998 early retirement incentive, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Segal, J.), dated April 16, 1999, which denied the petition and dismissed the proceeding.
David Jalosky, New York, N.Y., for appellant.
Guercio Guercio, Farmingdale, N.Y. (John P. Sheahan and Gary L. Steffanetta of counsel), for respondent.
THOMAS R. SULLIVAN, J.P., ANITA R. FLORIO, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the appellant's contention, the Supreme Court did not err in denying the petition. The respondent's determination to refuse to extend the period in which the petitioner could apply for the 1998 early retirement incentive (see, L 1998 ch 47) was neither arbitrary nor capricious (cf., Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231).
SULLIVAN, J.P., FLORIO, LUCIANO and FEUERSTEIN, JJ., concur.