Legal Opinion

Hassildine v. Mattituck-Cutchogue Union Free School District

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 1996PublishedCited by 5 opinions

1Opinion of the Court

*624The informal hearing conducted by the respondent Board of Education (hereinafter the Board) in this case was not a quasi-judicial evidentiary hearing mandated by law. Therefore, the standard of review to be applied in this proceeding is whether the Board’s determination was arbitrary and capricious or affected by error of law, not whether the determination was supported by substantial evidence (see, Matter of Scherbyn v Wayne-Finger Lakes Bd. of Coop. Educ. Servs., 77 NY2d 753, 757-758; Matter of 125 Bar Corp. v State Liq. Auth., 24 NY2d 174, 178-179; Matter of Colton v Berman, 21 NY2d 322,…

2Cases cited3 opinions

  1. Scherbyn v. Wayne-Finger Lakes Board of Cooperative Educational ServicesNew York Court of Appeals · 1991
  2. Colton v. BermanNew York Court of Appeals · 1967
  3. 125 Bar Corp. v. State Liquor AuthorityNew York Court of Appeals · 1969

3Cited by5 opinions

  1. Clark v. Board of Education for the Kingston City School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
  2. Candrea v. Board of Education of Yonkers City School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
  3. Zinman v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1998
  4. Kendall v. Board of Education of South Orangetown Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
  5. Spata v. LevyAppellate Division of the Supreme Court of the State of New York · 2003

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