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AUSTIN v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK

280 A.D.2d 365 (2001)

720 N.Y.S.2d 344

WALLACE AUSTIN, Respondent, v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK et al., Appellants.

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

Decided February 15, 2001.

The Supreme Court erred in applying a CPLR article 78 standard of review, inasmuch as Education Law § 3020-a (5) explicitly requires that a court review a Hearing Officer's decision pursuant to the standard set forth in CPLR 7511. Applying the proper CPLR 7511 standard, the petition must be dismissed, as there was no showing of misconduct, bias, excess of power or procedural defects.

Pursuant to Education Law § 3020-a (3) (c), the rules governing hearing...

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