Legal Opinion

Derene v. Board of Education

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

Decided August 19, 1980Published

1Opinion of the Court

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 *937of 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…

2Cases cited2 opinions

  1. New York University v. WhalenNew York Court of Appeals · 1978
  2. Corliss v. SolomonAppellate Division of the Supreme Court of the State of New York · 1980

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