MATTER OF CLARKE v. ANKER


50 A.D.2d 545 (1975)

In the Matter of Adolphus Clarke, Appellant, v. Irving Anker, as Chancellor, et al., Respondents

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

November 20, 1975


After a physical assault, one of the children was transferred, and properly so. The other transfers for the remaining children were denied on the ground that the school sought was overcrowded. While we sympathize with the parental dissatisfaction, absent the deprivation of a constitutional or statutory right, the decision by respondents that is neither arbitrary nor capricious, may not be disturbed. (Matter of Van Blerkom v Donovan, 15 N.Y.2d 399<...

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