(Matter of N. v NY Office of Children & Family Services, NY Slip Op 04379)
June 18, 2018
The court rules that this decision should be reversed, and the petition dismissed without costs. Despite the defendant’s argument, the court does indeed have jurisdiction over this appeal considering the dual dissent of the appellate decision is a question of law ( CPLR 5601), Matter of Kelly v Safir 96 NY2d 32, 38 . The question the courts must determine is whether there is a rational reason for the action, or whether it is arbitrary (Matter of Peckham v Calogero 12 NY3d 424, 431 . The court remarked that an arbitrary action is without a sound reason or basis, and is often made without consideration of the facts involved. If the reviewing court finds there is a rational basis, the reviewing court must sustain the determination even if the court believes it would have achieved a different result.