Mugavin v. Nyquist

On August 1,1972 the respondent board of education denied tenure to the petitioner, and, after reconsidering the matter on August 15,1972, adhered to its original determination. The respondent commissioner having dismissed the petitioner’s appeal to him from the action of the board, the petitioner has further appealed from the commissioner’s ruling to this court.

Despite the finality of the language of section 310 of the Education Law, it is now settled that, if the commissioner’s determination rested upon an erroneous interpretation of the language of any applicable statute, this court may…