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MATTER OF CANISIUS COLL. OF BUFFALO v. NYQUIST

29 N.Y.2d 928 (1972)

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

Court of Appeals of the State of New York.

Decided January 13, 1972.

Attorney(s) appearing for the Case

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

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

Concur: Chief Judge FULD and Judges BERGAN, BREITEL, JASEN and GIBSON. Judges BURKE and SCILEPPI dissent and vote to affirm on the opinion at the Appellate Division.

Order reversed, without costs, and the petition dismissed in the following memorandum: The Commissioner of Education, assuming that section 6401 of the Education Law does not offend against constitutional limitations — a question on which we do not pass — denied petitioner's application. In our view, the Commissioner had reasonable basis for his determination. (See Matter of Older v. Board of Educ., ...

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