Canisius College of Buffalo v. Nyquist

New York Court of Appeals

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

CourtNew York Court of Appeals

DecidedJanuary 13, 1972

StatusPublished

Cited by1 cases

This text of 279 N.E.2d 860 (Canisius College of Buffalo v. Nyquist) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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 (N.Y. 1972).

Pincite

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 [930]*930Matter 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.

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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 [930]*930Matter 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.

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Bluebook (online)

279 N.E.2d 860, 29 N.Y.2d 928, 329 N.Y.S.2d 105, 1972 N.Y. LEXIS 1565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canisius-college-of-buffalo-v-nyquist-ny-1972.

Opinion

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