Handy v. Westbury Union Free School District

In a proceeding pursuant to CPLR article 78, inter alia, to compel respondents to appoint petitioner to the position of director of physical education, the appeal is from a judgment of the Supreme Court, Nassau County, dated October 7, 1977, which dismissed the petition. Judgment reversed, on the law, with $50 costs and disbursements, and proceeding remitted to Special Term for a hearing arid further proceedings not inconsistent herewith. It was error to dismiss petitioner-appellant’s article 78 proceeding. Unlike Matter of Abrams v New York City Tr. Auth. ( 39 NY2d 990 ), the court would not be substituting its judicial supervision for the discretionary management of public business by public officials if it entertained this proceeding. Petitioner has alleged a violation of the mandates of 8 NYCRR 135.4 (c) (4) (iii) and the concealment of such violation. A hearing is required to resolve these issues (cf. Matter of Bruso v Board of Educ., 53 AD2d 692 ). Damiani, J. P., Titone, Suozzi and O’Connor, JJ., concur.