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MATTER OF GUNDRUM v. AMBACH

55 N.Y.2d 872 (1982)

In the Matter of Rynard Gundrum, on Behalf of Ingrid Gundrum, Respondent, v. Gordon M. Ambach, as Commissioner of Education of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided January 19, 1982.

Attorney(s) appearing for the Case

Robert D. Stone and Donald O. Meserve for Gordon M. Ambach, as Commissioner of Education of the State of New York, appellant.

Thomas J. O'Connor for Board of Education of Berlin Central School District, appellant.

David L. Gruenberg for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

On summary consideration, order reversed, with costs, and the petition dismissed. Although petitioner was entitled to review the determination of the board either by appeal to the Commissioner of Education or by a special proceeding under CPLR article 78, he chose to appeal to the commissioner rather than resort to the courts in the first instance. Accordingly, the sole question on this appeal is whether the commissioner's determination was arbitrary and capricious (Matter...

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