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MATTER OF LUSH v. ALLEN

15 A.D.2d 844 (1962)

In the Matter of Reginald Lush, Appellant, v. James E. Allen, Jr., as Commissioner of Education of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 20, 1962

The refusal of the respondent Commissioner to grant a rehearing on the ground of newly discovered evidence was neither factually nor legally arbitrary. (Education Law, § 314.) The original decision of the Commissioner, the annulment of which is also sought, has had a full-dress judicial review and is not the proper subject of further examination by the courts. (Matter of Lush v. Commissioner of Educ., 16 Misc.2d 137, affd...

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