Appellate Division of the Supreme Court of the State of New York May 31, 1973 (Verbanic v. Nyquist)

Sweeney, J.

This is an appeal from a judgment of the Supreme Court, entered October 16, 1972 in Albany County, upon a decision favorable to plaintiffs.

This is an action for declaratory judgment commenced August 23, 1972 seeking an injunction restraining the Commissioner of Education from further interference with the Lackawanna School Board. There is no factual dispute.