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ELMIRA INST v. DEPT OF EDUC

116 A.D.2d 133 (1986)

In the Matter of Elmira Business Institute, Inc., Respondent, v. New York State Department of Education et al., Appellants. (Proceeding No. 1.) In the Matter of Elmira Business Institute, Inc., Respondent, v. New York State Higher Education Services Corporation et al., Appellants. (Proceeding No. 2.)

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

April 3, 1986

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Leslie B. Neustadt and Peter H. Schiff of counsel), for appellants.

O'Connell & Aronowitz, P. C. (Peter L. Danziger and Brendan C. O'Shea of counsel), for respondent.

MAHONEY, P. J., KANE, CASEY and WEISS, JJ., concur.

LEVINE, J.

Petitioner is a business school registered to provide instruction pursuant to Education Law § 5002. These proceedings were initiated to review: (1) a determination of respondents Commissioner of Education and State Education Department (SED) which had adopted a final audit report by respondent Comptroller that petitioner had not offered its programs for the academic years between 1975 and 1982...

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