Gundrum ex rel. Gundrum v. Ambach — 55 N.Y.2d 872

Majority

p. 872

In the Matter of Rynard Gundrum, on Behalf of Ingrid Gundrum, Respondent, v Gordon M. Ambach, as Commissioner of Education of the State of New York, et al., Appellants.

Decided January 19, 1982

p. 873

APPEARANCES OF COUNSEL

Robert D. Stone and Donald O. Meserve for Gordon M. Ambach, as Commissioner of Education of the State of New York, appellant.

Thomas J. O’Connor for Board of Education of Berlin Central School District, appellant.

David L. Gruenberg for respondent.

OPINION OF THE COURT

On summary consideration, order reversed, with costs, and the petition dismissed. Although petitioner was entitled to review the determination of the board either by appeal to the Commissioner of Education or by a special proceeding under CPLR article 78, he chose to appeal to the commissioner rather than resort to the courts in the first instance. Accordingly, the sole question on this appeal is whether the commissioner’s determination was arbitrary and capricious (Matter of Strongin v Nyquist, 44 NY2d 943 ); the rationality of the determination by the board is not the focus for appellate review. Applying the proper standard, it cannot be said as a matter of law that the determination of the Commissioner of Education was without a rational basis.

p. 874

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.