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MATTER OF KAUFMAN v. BD. OF EDUC. OF JERICHO UNION FREE SCH. DIST.

236 A.D.2d 538 (1997)

653 N.Y.S.2d 683

In the Matter of Harriet Kaufman, Respondent, v. Board of Education of Jericho Union Free School District et al., Appellants

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

February 18, 1997

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the determination finding the petitioner ineligible for retroactive membership in the New York State Teachers' Retirement System was arbitrary and capricious and without a rational basis (see, Matter of Fariel v Board of Educ., 230 A.D.2d 854). The affidavit belatedly submitted by the appellants with their answer to the petition...

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