MATTER OF ORG. TO ASSURE SERVS. FOR EXCEPTIONAL STUDENTS, INC. v. AMBACH


56 N.Y.2d 518 (1982)

In the Matter of Organization to Assure Services for Exceptional Students, Inc., et al., Respondents, v. Gordon M. Ambach, as Commissioner of Education of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 23, 1982.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Wayne L. Benjamin and Shirley Adelson Siegel of counsel), for appellants.

Michael A. Rebell and Helene M. Freeman for respondents.

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


MEMORANDUM.

The appeal taken as of right should be dismissed, without costs, on the ground that the order appealed from does not finally determine the matter within the meaning of the Constitution. On the court's own motion, leave to appeal is granted to appellants.

The order of the Appellate Division should be modified, with costs to appellants as to all respondents except...

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