Derene v. Board of Education — 77 A.D.2d 936

Majority

p. 936

Robert Derene, Appellant, v Board of Education of the Bedford Central School District et al., Respondents.

In a proceeding pursuant to CPLR article 78 to review two determinations of the respondents which, inter alia, ordered the closing of an elementary school, petitioner appeals from a judgment of the Supreme Court, Westchester County, entered June 27, 1980, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. Assuming; arguendo, that respondents violated section 98

p. 937

of the Public Officers Law, petitioner failed to establish good cause for setting aside their determinations (see Matter of New York Univ. v Whalen, 46 NY2d 734 ). Moreover, there was a rational basis for said determinations (see Corliss v Solomon, 75 AD2d 837 ). Therefore, the proceeding was properly dismissed. Hopkins, J. P., Lazer, Rabin, Margett and Martuscello, JJ., concur.

Cases cited

New York University v. Whalen 46 NY2d 734 N.Y. 1978-12-06 p. 937