SCS Business & Technical Institute, Inc. v. Barrios-Paoli

Judgment, Supreme Court, *289New York County (Edward Lehner, J.), entered on or about June 14, 1989, which remanded petitioner’s application for Job Training Partnership Act (JTPA) funding to respondent New York City Department of Employment for reconsideration on the basis of applicable law, is unanimously affirmed, without costs. This appeal and cross appeal from a CPLR article 78 judgment is by permission of this court (CPLR 5701 M [1]).

This application’s rejection was arbitrary, capricious and contrary to law. The exclusion of all proprietary profit-making institutions from JTPA…