Majority
p. 930In the Matter of Board of Education of Union Free School District No. 3, Town of Tuxedo, Orange County, Appellant, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, Respondent, and Rosemary Sheedy et al., Intervenors-Appellants.
Appeal from a judgment of the Supreme Court at Special Term, entered July 27,1973 in Albany County, which dismissed, on the merits, petitioner’s application and the intervenors’ cross application, in a proceeding pursuant to CPLR article 78, challenging a decision of the Commissioner of Education. The judgment should be affirmed (see Matter of J ohnson v. Nyquist, 46 A D 2d 930). Judgment affirmed, without costs. Staley, Jr., J. P., Sweeney, Kane, Main and Reynolds, JJ., concur.