Opinion
February 20, 1962
Present — Bergan, P.J., Coon, Gibson, Herlihy and Taylor, JJ.
Appeal in an article 78 Civil Practice Act proceeding from an order of the Supreme Court at Special Term dismissing a petition to review and annul a determination of the Commissioner of Education which denied an application to reopen an appeal heretofore decided which related to the action of the voters of a central school district authorizing the erection of a new school building and the issuance of obligations to finance its construction. The refusal of the respondent Commissioner to grant a rehearing on the ground of newly discovered evidence was neither factually nor legally arbitrary. (Education Law, § 314.) The original decision of the Commissioner, the annulment of which is also sought, has had a full-dress judicial review and is not the proper subject of further examination by the courts. ( Matter of Lush v. Commissioner of Educ., 16 Misc.2d 137, affd. 8 A.D.2d 644, 678, motion for leave to appeal denied 10 A.D.2d 586, motion for leave to appeal denied 7 N.Y.2d 712, appeal on alleged constitutional grounds dismissed 7 N.Y.2d 745, appeal dismissed and cert. denied 366 U.S. 167.) Special Term correctly dismissed the petition. Order unanimously affirmed, with $10 costs.