Cutcher v. Nyquist

This is an appeal from a judgment of the Supreme Court at Trial Term, entered March 5, 1973 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul and set aside the determination of the respondent Commissioner of Education.

Upon a prior appeal in this case (Matter of Cutcher v. Nyquist, 39 A D 2d 810), we remanded the matter for a hearing so that the petitioner would have an opportunity to present evidence that the determination of respondent was arbitrary. After a hearing, Special Term has now determined that petitioner has failed to…