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BD. OF EDUC v. AMBACH

93 A.D.2d 210 (1983)

In the Matter of The Board of Education, Hauppauge Union Free School District, Appellant-Respondent, v. Gordon Ambach, as Commissioner of Education of The State of New York, et al., Respondents-Appellants

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

April 21, 1983

Attorney(s) appearing for the Case

Cahn, Wishod & Wishod (Eugene L. Wishod of counsel), for appellant-respondent.

Robert D. Stone (Donald O. Meserve of counsel), for Gordon Ambach, respondent-appellant.

Paula G. de Dominici for Raymond F. Germaine and another, respondents-appellants.

KANE, J. P., MAIN and MIKOLL, JJ., concur with LEVINE, J.; YESAWICH, JR., J., dissents and votes to affirm in an opinion.

LEVINE, J.

The instant appeals involve the authority of respondent Commissioner of Education (commissioner) to compel a school district to provide transportation to a nonpublic school for a student whose parents failed to comply with the requirement of subdivision 2 of section 3635 of the Education Law that applications therefor must be submitted before April 1 of the preceding school year. Under subdivision...

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