MATTER OF REALY v. CAINE


16 A.D.2d 976 (1962)

In the Matter of Francis Realy et al., Respondents, v. Alfred B. Caine, as Acting District Principal of Central High School District No. 2, Sewanhaka, Town of Hempstead, et al., Respondents, and James A. De Sonne, as Building Principal of The H. Frank Carey High School, Franklin Square, Town of Hempstead, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 25, 1962


Order reversed, on the law, without costs, and motion to dismiss petition granted. The facts are affirmed.

It appears, both from the face of the petition and from the affidavits in support of the motion, that the determination under review was made on the basis of tests by the board's psychologists rather than on the basis of tests by petitioners' psychologist. Such a determination necessarily involved an administrative determination — one which could be adequately...

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