Order reversed on the law and the facts, without costs, and matter remitted to the Special Term for a trial of the factual issues presented, pursuant to section 1295 of the Civil Practice Act; and for a determination de novo on the basis of all the proof which may be adduced.
In dismissing the petition the Special Term held "there is no determination of the respondent Board of Education to be reviewed." Petitioner contends that the board did make a determination...
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