Majority
p. 928In the Matter of Canisius College of Buffalo, Respondent, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, Appellant. • Argued November 15,1071; decided January 13, 1972.
John P. Jehu and Robert D. Stone for appellant.
Charles S: Desmond and Charles J. McDonough for respondent.
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
p. 930
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.
Cases cited
- Older v. Board of Education of Union Free School District No. 1 27 N Y 2d 333 at 337 p. 930
- County of Cayuga v. McHugh 4 N Y 2d 609 at 613 p. 930