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DUBENDORF v. NEW YORK STATE EDUC. DEP'T

71 A.D.2d 837 (1979)

Grace L. Dubendorf et al., Doing Business as Gra-Mar Hall and Gra-Mar-on-the-Lake, Respondents-Appellants, v. New York State Education Department et al., Appellants-Respondents

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

July 13, 1979

Judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: We agree with Special Term's holdings that article 89 of the Education Law is constitutional and that the complaint should not be dismissed. Special Term erred, however, in directing an administrative hearing. The claims of plaintiffs involve alleged rights under a contract in which the State Education Department agreed to reimburse them for tuition and for...

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