Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County

In Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 313 N.E.2d 321, 356 N.Y.S.2d 833 1974, the Court of Appeals stated that: "The arbitrary and capricious test chiefly 'relates to whether a particular action should have been taken or is justified...and whether the administrative action is without foundation in fact' citation omitted. Arbitrary action is without sound basis in reason and is generally taken without regard to the facts" (Pell, 34 N.Y.2d at 231). Further, it is well-settled that the court should not substitute its judgment so long as the interpretation is legally permissible, but rather merely ascertain whether there is a rational basis for the decision or whether it is arbitrary and capricious (Flacke v. Onondaga Landfill Sys., 69 NY2d 355, 363, 507 N.E.2d 282, 514 N.Y.S.2d 689 1987; Matter of West Irondequoit Teachers Assn. v. Helsby, 35 N.Y.2d 46, 50, 315 N.E.2d 775, 358 N.Y.S.2d 720 1974).