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MATTER OF DUNCAN v. NYQUIST

43 A.D.2d 630 (1973)

In the Matter of Nellie Duncan, Appellant, v. Ewald B. Nyquist, as Commissioner of Education of The State of New York, Respondent

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

November 8, 1973

The respondent initially contends that judicial review of his decision is precluded by section 310 of the Education Law. It is now established that decisions of the commissioner involving the construction of a statute and questions of law will be reviewed by the courts upon the basis that if there has been error by the respondent in his determination of legal issues, such error would be arbitrary. (See Matter of Ross v. Wilson, 308 N.Y. 605...

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