MATTER OF CLIMENT v. B.O.E., S.D. NO. 22

ORDERED that the judgment is affirmed, with costs.

The proper standard for judicial review of the respondents' termination of the petitioner's services as a probationary teacher is whether the administrative action was arbitrary and capricious (see, Matter of Kaufman v. Anker, 42 N.Y.2d 835; Matter of McCain v. Fernandez, 226 A.D.2d 380; Matter of Dillard v. Alvarado, 118 A.D.2d 644). The termination was not such an arbitrary and capricious act.

The petitioner's remaining contentions are either unpreserved for appellate review or without merit.

ALTMAN, J.P., FRIEDMANN, SCHMIDT and ADAMS, JJ., concur.