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MATTER OF FARIEL v. BD. OF EDUC. OF VALLEY STREAM UNION FREE SCH. DIST. 13

230 A.D.2d 854 (1996)

646 N.Y.S.2d 545

In the Matter of Janet L. Fariel, Respondent, v. Board of Education of Valley Stream Union Free School District 13, Appellant

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

August 19, 1996

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the determination denying the petitioner retroactive membership in the retirement system was arbitrary and capricious and without a rational basis. The affidavit belatedly submitted by the Board of Education of the Valley Stream Union Free School District 13, with its answer to the petition containing further justification for its decision...

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