MATTER OF BARRETT v. MESSER


212 A.D.2d 383 (1995)

622 N.Y.S.2d 266

In the Matter of Robert Barrett et al., Appellants, v. Max Messer, as Community Superintendent of School District 8, et al., Respondents

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

February 7, 1995


The determination of the Superintendent not to seek a waiver of the 25% cap on those school principals eligible to participate in the retirement incentive plan for Community School District 8 was not arbitrary, capricious, discriminatory or in bad faith, because it was supported by a rational basis, the need to safeguard the quality of education and the organization of the school system in the district since the wholesale departure of experienced principals would have an...

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