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MATTER OF GILLEN v. SMITHTOWN LIBRARY BD. OF TRS.

254 A.D.2d 486 (1998)

679 N.Y.S.2d 634

In the Matter of Thomas G. Gillen, Appellant, v. Smithtown Library Board of Trustees et al., Respondents

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

October 26, 1998

Ordered that the judgment is affirmed, with costs.

It is well settled that in a CPLR article 78 proceeding to review the determination of an administrative board, a court may not substitute its judgment for that of the board or body it reviews unless the decision under review is arbitrary and capricious or constitutes an abuse of discretion (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222...

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