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MATTER OF BD. OF EDUC. OF CENT. SCH. DIST. NO. 6 OF THE TOWNS OF BETHLEHEM & NEW SCOTLAND v. NYQUIST

23 A.D.2d 592 (1965)

In the Matter of Board of Education of Central School District No. 6 of the Towns of Bethlehem and New Scotland, Appellant, v. Ewald B. Nyquist, as Acting Commissioner of Education of State of New York, et al., Respondents

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

February 15, 1965

MEMORANDUM BY THE COURT:

The grounds of petitioner's application are enumerated in paragraph "Fourteenth" of its petition. The Commissioner's determination of them is not arbitrary, nor is it without rational basis, as respects any of the issues thus presented. It must be noted, additionally, that, however circuitous the approach, the attack in this court proceeds upon constitutional grounds which petitioner did not plead and did not advance

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