Board of Education of Monticello Central School District v. Commissioner of Education

Yesawich Jr., J. (dissenting).

I respectfully dissent and vote to confirm the determination of respondent Commissioner of Education. As the majority implicitly recognizes, it is the Commissioner’s determination that is under review, not that of the Hearing Officer (see, Matter of Strongin v Nyquist, 44 NY2d 943, 945, cert denied 440 US 901), and the former may only be annulled if it is found to be arbitrary and capricious, or without a rational basis (see, Matter of Conley v Ambach, 61 NY2d 685, 687-688; Matter of Board of Educ. v Ambach, 96 AD2d 637, 638, lv denied 61 NY2d 603). Accordingly,…