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MTR OF SCHWEISS v. AMBACH

98 A.D.2d 148 (1983)

In the Matter of Charles Schweiss et al., Respondents, v. Gordon M. Ambach, as Commissioner of Education of The State of New York, et al., Appellants. (Proceeding No. 1.) In the Matter of Alfred B. Del Bello, as Westchester County Executive, et al., Respondents, v. Gordon M. Ambach, as Commissioner of Education of The State of New York, et al., Appellants. (Proceeding No. 2.) In the Matter of Board of Education, Lakeland Central School District of Shrub Oak, Respondent, v. Gordon M. Ambach, as Commissioner of Education of The State of New York, et al., Appellants. (Proceeding No. 3.)

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

December 22, 1983

Attorney(s) appearing for the Case

Robert D. Stone (Kenneth Pawson of counsel), for Gordon M. Ambach, appellant in the above-entitled proceedings.

McCarthy, Fingar, Donovan, Glatthaar, Drazen & Smith (Henry J. Smith and James G. Fine of counsel), for Phoenix House Programs of New York, Inc., and another, appellants in the above-entitled proceedings.

Frederick A.O. Schwarz, Jr., Corporation Counsel (Trudi Mara Schleifer of counsel), for New York City Board of Education and another, appellants in the above-entitled proceedings.

Steyer & Sirota (Murray Steyer and Frances S. Sirota of counsel), for Charles Schweiss and another, respondents in the first and third above-entitled proceedings.

Samuel S. Yasgur, County Attorney (Denise J. D'Ambrosio and Lester D. Steinman of counsel), for Alfred B. Del Bello and others, respondents in the second above-entitled proceeding.

SWEENEY, J. P., KANE, MIKOLL and WEISS, JJ., concur.

CASEY, J.

The determination of the Commissioner of Education, which granted the application of the Board of Education of the City School District of the City of New York to establish a public school in the Town of Yorktown, Westchester County, is neither irrational nor violative of any statutory requirement. Special Term's judgment (115 Misc.2d 390...

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