In this action the petitioner [Plaintiff] contended that the New York State Department of Education's [SED] denial of his application for clearance for employment as a teacher was arbitrary and capricious.
The Appellate Division, noting that "In a CPLR article 78 proceeding to review a determination of an administrative agency, the standard of judicial review is whether the determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion", agreed with the Supreme Court's holding that SED's determination was not arbitrary and capricious, and affirmed the Supreme Court's dismissal of Plaintiff's petition challenging the SED's determination.
In the words of the Appellate Division, "An action is arbitrary and capricious when it is taken without sound basis in reason or regard to the facts. When a determination is supported by a rational basis, it must be sustained even if the reviewing court would have reached a different result".
Click HERE to access the Appellate Division's decision posted on the Internet.