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  5. 161 A.D.2d 765 (1990)
 

MATTER OF NU-LIFE CONSTR. CORP. v. BD. OF REVIEW OF THE BD. OF EDUC. OF THE CITY OF NEW YORK

161 A.D.2d 765 (1990)

In the Matter of Nu-Life Construction Corp., Petitioner, v. Board of Review of the Board of Education of the City of New York et al., Respondents

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

May 29, 1990

Adjudged that the petition is granted, on the law, with costs, the determination is annulled, and the charge is dismissed.

Based on our review of the record, we find that the determination that the petitioner willfully and in bad faith violated a contract and delayed the performance and completion of the work pursuant to that contract is arbitrary and capricious and unsupported by substantial evidence (see, Matter of Pell v Board of Educ.,

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