New York Court of Appeals, 1982

Gundrum ex rel. Gundrum v. Ambach

New York Court of Appeals · Decided January 19, 1982

55 N.Y.2d 872; 448 N.Y.S.2d 466; 433 N.E.2d 531; 1982 N.Y. LEXIS 3544

Cases that cite this one

19 later published cases cite this decision.

Pinckney v. Board of Education of the Westbury Union Free School District (District Court, E.D. New York 1996)
Healey v. Ambach (Appellate Division of the Supreme Court of New York 1984)
Saad-El-Din v. Steiner (Appellate Division of the Supreme Court of New York 2012)
Saad-El-Din v. Steiner (Appellate Division of the Supreme Court of New York 2012)
Billups v. Board of Directors of Huntington Community First Aid Squad (Appellate Division of the Supreme Court of New York 2010)
Sastow v. Plainview-Old Bethpage Central School District (New York Supreme Court 2006)
Bd of Educ v. Commr of Educ (N.Y. 1997)
Board of Education v. Commissioner of Education (N.Y. 1997)
Board Education of Lisbon Central School District v. Sobol (Appellate Division of the Supreme Court of New York 1996)
Board of Education of the Sewanhaka Central High School District v. Sobol (Appellate Division of the Supreme Court of New York 1995)
Northeast Central School District v. Sobol (N.Y. 1992)
Catlin v. Sobol (N.Y. 1991)
Gane v. Ambach (Appellate Division of the Supreme Court of New York 1987)
Phillips v. Maurer (Appellate Division of the Supreme Court of New York 1985)
Zubal v. Ambach (Appellate Division of the Supreme Court of New York 1984)
Board of Education v. Ambach (Appellate Division of the Supreme Court of New York 1983)
Forrest v. Ambach (Appellate Division of the Supreme Court of New York 1983)
De Bellis v. Commissioner of Education (Appellate Division of the Supreme Court of New York 1983)
Board of Education of Millbrook Central School District v. Ambach (Appellate Division of the Supreme Court of New York 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

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 of Strongin v Nyquist, 44 NY2d 943); the rationality of the determination by the board is not the focus for appellate review. Applying the proper standard, it cannot be said as a matter of law that the determination of the Commissioner of Education was without a rational basis.

*874Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.