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MATTER OF JAMES v. KLEIN

43 A.D.3d 764 (2007)

842 N.Y.S.2d 23

In the Matter of DORITA L. JAMES, Petitioner, v. JOEL KLEIN, as Chancellor of the New York City Department of Education, et al., Respondents.

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

Decided September 25, 2007.

Initially, we note that this proceeding was improperly transferred to this Court pursuant to CPLR 7804 (g). The appropriate standard of review to be applied here was whether the determination was arbitrary and capricious (see e.g. Matter of Von Gizycki v Levy, 3 A.D.3d 572 [2004]), and not whether the determination was supported by substantial evidence (CPLR 7803 [4]). Nevertheless, we will determine the issues presented,

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