Board of Education of the Union Free School District No. 11 v. Nyquist

Petitioner brings this proceeding pursuant to article 78, CPLB, in which it seeks to review and annul respondent’s decision wherein he sustained an appeal from an order of the District Superintendent of Schools of the Town of Hempstead, Nassau County, New York (hereinafter called the Superintendent), and set aside and vacated the order.

The only issue to be determined here is whether respondent’s decision is reviewable by the courts and that question depends upon whether respondent was purely arbitrary in arriving at his decision. (Matter of Board of Educ. of City of N. Y. v. Allen, 6 N Y 2d…