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April 10, 2021

eBook details

Title: Matter Leslie Shurgin v. Gordon M. Ambach
Author : Court of Appeals of New York
Release Date : January 06, 1982
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

Petitioners argument -- that the commissioner is bound by the factual findings of the hearing panel if supported by substantial evidence -- is without merit. Subdivision 5 of section 3020-a of the Education Law provides that "[either] the employee or the employing board may review the findings of the hearing panel * * * by appeal to the commissioner of education as provided for by article seven of this chapter". Under article 7 of the Education Law, and in particular section 310 thereof, the Commissioner of Education is given broad authority in terms of reviewing determinations made within the educational system and that authority will not be overturned unless it is arbitrary, capricious or lacks support in the record (Matter of Chauvel v Nyquist, 43 N.Y.2d 48, 52).

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