Canisius College of Buffalo v. Nyquist

279 N.E.2d 860, 29 N.Y.2d 928, 329 N.Y.S.2d 105, 1972 N.Y. LEXIS 1565

Opinion

Order reversed, without costs, and the petition dismissed in the following memorandum: The Commissioner of Education, assuming that section 6401 of the Education Law does not offend against constitutional limitations — a question on which we do not pass — denied petitioner’s application. In our view, the Commissioner had reasonable basis for his determination. (See Matter of Older v. Board of Educ., 27 N Y 2d 333, 337; Matter of County of Cayuga v. McHugh, 4 N Y 2d 609, 613.) The Commissioner has, however, invited the submission of a “ new ’ ’ application if the petitioner believes that, “as a result of any further development ’ ’, it has become an eligible institution.

Concur: Chief Judge Fuld and Judges Bergan, Breitel, Jasen and Gibson. Judges Burke and Soileppi dissent and vote to affirm on the opinion at the Appellate Division.