What is the test for a motion to compel the Court to dismiss a motion alleging that a judge has improperly interpreted the interpretation of a statutory interpretation of an administrative determination?
The following excerpt is from Bouton v. New York State Dept. of Civil Service, 110 Misc.2d 1072, 443 N.Y.S.2d 636 (N.Y. Sup. Ct. 1981):
Based upon the above, the court must conclude that there has been a rational basis for the administrative determination. The judicial function, it is to be recalled, is exhausted when a rational basis is found for the statutory interpretation of the administrative body which is entrusted to administer the statute in question (Matter of Howard v. Wyman, 28 N.Y.2d 434, 322 N.Y.S.2d 683, 271 N.E.2d 528). The conclusion reached causes discussed of other issues to be unnecessary.
The petition, accordingly, is dismissed.
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