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MATTER OF MENNELLA v. DEPUTY CHIEF ADMINISTRATIVE JUDGE, NEW YORK CITY COURTS

302 A.D.2d 530 (2003)

756 N.Y.S.2d 244

In the Matter of THOMAS L. MENNELLA, Appellant, v. DEPUTY CHIEF ADMINISTRATIVE JUDGE, NEW YORK CITY COURTS et al., Respondents.

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

Decided February 18, 2003.

Ordered that the judgment is affirmed; and it is further,

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that one bill of costs is awarded to the respondents.

It is well settled that a reviewing court may not disturb an administrative determination "unless there is no rational basis for the exercise of discretion or the action complained of is `arbitrary and capricious'" (Matter of Pell v Board of Educ.,

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