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MATTER OF HARRISON v. GOLDSTEIN

204 A.D.2d 451 (1994)

611 N.Y.S.2d 623

In the Matter of Martin P. Harrison, Appellant, v. George Goldstein et al., Respondents

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

May 9, 1994

Ordered the judgment is affirmed, with costs.

The Supreme Court found that the determination not to recommend tenure for the petitioner was not arbitrary and capricious, nor was it in violation of the petitioner's constitutional rights. We agree.

Arbitrary action is without sound basis in reason and is generally taken without regard to the facts (see, Matter of Pell v Board of Educ.,

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