MATTER OF SCHERBYN v. WAYNE-FINGER LAKES BD. OF COOP. EDUC. SERVS.


162 A.D.2d 967 (1990)

In the Matter of Betsy V. Scherbyn, Appellant, v. Wayne-Finger Lakes Board of Cooperative Educational Services et al., Respondents

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

June 22, 1990


Order and judgment unanimously affirmed without costs.

Memorandum:

We affirm for the reasons stated in the decision of Supreme Court (Henry, Jr., J.). We add only that the rule that "[j]udicial review of an administrative determination is limited to the grounds invoked by the agency" (Matter of Aronsky v Board of Educ., 75 N.Y.2d 997, 1000) is not applicable here. This action is in the nature of mandamus to compel...

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