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  5. 54 N.Y.2d 1004 (1981)
 

MATTER OF FOGEL v. COMM'R OF EDUC. OF THE STATE OF NEW YORK

54 N.Y.2d 1004 (1981)

In the Matter of Blossom Fogel, Appellant, v. Commissioner of Education of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided October 29, 1981.

Attorney(s) appearing for the Case

Joan Goldberg for appellant.

James H. Whitney, Robert D. Stone and Jean M. Coon for Commissioner of Education of the State of New York, respondent.

Allen G. Schwartz, Corporation Counsel (Trudi Mara Schleifer and Francis F. Caputo of counsel), for Board of Education of the City of New York, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division, Third Department, should be affirmed, with costs. The Appellate Division correctly held that the determination of the commissioner was founded upon a rational and reasonable basis.

The article 78 proceeding commenced against the board of education and transferred to the Appellate Division resulted in reversal on procedural grounds, but that court clearly considered...

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