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MATTER OF NIANG v. NEW YORK CITY DEPT. OF EDUC.

495, 402136/13.

137 A.D.3d 542 (2016)

27 N.Y.S.3d 144

2016 NY Slip Op 01770

In the Matter of BABACAR NIANG, Petitioner, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 15, 2016.

Even if the article 78 court improperly transferred this proceeding to this Court, we are required to retain jurisdiction and determine the issues raised, applying the arbitrary and capricious standard of review (see Matter of Burrell v Ortiz, 128 A.D.2d 391, 392 [1st Dept 1987]). Respondents' determination revoking petitioner's certification to drive a bus is arbitrary and capricious and contrary to its own regulation.

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