Cole v. Wilson

This is a proceeding under article 78 of the Civil Practice Act to review a determination of the Commissioner of Education.

The court may determine whether the commissioner acted capriciously or unlawfully. Section 310 of the Education Law provides: “ the commissioner of education may also institute such proceedings as are authorized under this article and his decision in such appeals, petitions or proceedings shall be final and conclusive, and not subject to question or review in any place or court whatever.” (Emphasis supplied.) Nonetheless, the rule was said in Matter of Fabricius v. Graves…