Legal Opinion
Fogel v. Commissioner of Education
New York Court of Appeals
Decided October 29, 1981PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, Third Department, should be affirmed, with costs. The Appellate Division correctly held that the determination of the commissioner was founded upon a rational and reasonable basis.
The article 78 proceeding commenced against the board of education and transferred to the Appellate Division resulted in reversal on procedural grounds, but that court clearly considered and passed on the substantive issues adversely to petitioner. When the board made its redetermination, petitioner initiated a new and distinct review proceeding…
2Cases cited6 opinions
- Venes v. Community School BoardNew York Court of Appeals · 1978
- General Aniline & Film Corp. v. Bayer Co.New York Court of Appeals · 1953
- Bernstein v. Birch Wathen SchoolAppellate Division of the Supreme Court of the State of New York · 1979
- Bernstein v. Birch Wathen SchoolNew York Court of Appeals · 1980
- Procter & Gamble Distributing Co. v. Lloyd's UnderwritersNew York Supreme Court · 1964
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re the Claim of CohenAppellate Division of the Supreme Court of the State of New York · 1983