section 310 quasi judicial powers in New York

1978In Matter of Vetere v Allen ( 15 NY2d 259 ), the court stated (p 265): "The purpose of the grant of quasi-judicial powers under section 310 of the Education Law is 'to make all matters pertaining to the general school system of the state within the authority and control of the department of education and to remove the same as far as practicable and possible from controversies in the courts’ (Bullock v. Cooley, 225 N. Y. 566 ***).*** 'But in passing upon the propriety of educational policy by a particular school board or school district, he acts in a broader capacity than the courts, by reviewi

1971With regard to the above the language employed by the Court of Appeals in Matter of Vetere v. Allen, (15 N. Y. 2d 259, 265-266) is to be noted. “ The purpose of the grant of quasi-judicial powers under section 310 of the Education Law is ‘ to make all matters pertaining to the general school system of the state within the authority and control of the department of education and to remove the same as far as practicable and possible from controversies in the courts ’ (Bullock v. Cooley, 225 N. Y. 566, 576-577 [1919]). ‘ By our state system of education protected by the Constitution and developed

1971Board of Educ. of City of N.Y. v. Finley, 211 N. Y. 51, 57 [1914]). ‘In appraising the judicial nature of the act of the Commissioner of Education, it must be remembered that he combines both judicial and administrative functions.

1966Board of Educ. of City of N. Y. v. Finley, 211 N. Y. 51, 57 [1914]). ‘In appraising the judicial nature of the act of the Commissioner of Education, it must be remembered that he combines both judicial and administrative functions. ’ ” It is clear that respondent could properly substitute his own judgment for that of the Superintendent’s even without a finding of arbitrariness on the part of the Superintendent, and the courts will not interfere with respondent’s final determination unless it be shown to be purely arbitrary.