MTR. OF GERSH v. VILL. OF TUCKAHOE


23 A.D.2d 258 (1965)

In the Matter of Harry Gersh, Petitioner, v. Village of Tuckahoe et al., Respondents

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

May 24, 1965.


Attorney(s) appearing for the Case

Arthur L. Reuter for petitioner.

Edward A. Silliere and Joseph M. Rigolio for respondents.

BELDOCK, P. J., HILL, RABIN, HOPKINS and BENJAMIN, JJ., concur.


Per Curiam.

Although it is true, as the respondents contend, that this court under the guise of review cannot substitute its judgment for that of the respondent Board of Trustees of the Village of Tuckahoe in removing the petitioner from the positions he occupied as a member of the Library and Planning Boards, we can review the administrative determination to ascertain whether it is supported by "substantial evidence" and determine whether it is arbitrary or...

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