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MTR. OF CANISIUS COLL. v. NYQUIST

36 A.D.2d 340 (1971)

In the Matter of Canisius College of Buffalo, Respondent, v. Ewald B. Nyquist, as Commissioner of Education of The State of New York, Appellant

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

April 27, 1971.

Attorney(s) appearing for the Case

Robert D. Stone and John P. Jehu for appellant.

Charles S. Desmond and Charles J. McDonough for respondent.

REYNOLDS and GREENBLOTT, JJ., concur with STALEY, JR., J.; HERLIHY, P. J., concurs in result in a separate opinion, in which REYNOLDS and GREENBLOTT, JJ., concur. SWEENEY, J., concurs in the result.

STALEY, JR., J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered July 15, 1970 in Albany County in a proceeding under article 78 of the CPLR which directed respondent, Commissioner of Education, to grant and approve the application of petitioner for State aid pursuant to section 6401 of the Education Law.

Chapter 677 of the Laws of 1968 enacted section 6401 of the Education...

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